Nivarutti Santu Mohite Died Thr His Lrs Nanasaheb Nivarutti Mohite And Another v. The State Of Maharashtra And Another

1 CA6335.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 6335 OF 2025 IN FIRST APPEAL NO. 3946 OF 2019 Nivarutti Santu Mohite, Died, Through His LRs - Nanasaheb Nivarutti Mohite & Another ...Applicants

Versus

The State of Maharashtra

...Respondent

.......

Mr. Barate Annasaheb Rajendra - Advocate for the Applicants Mr. P. K. Lakhotiya - AGP for Respondent/State ........

CORAM : NEERAJ P. DHOTE, J.

DATED : 20TH JUNE 2025 PER COURT : - 1.

This is an Application by the Respondent/Legal Representatives of the Original Claimant in the disposed off Appeal for withdrawal of the amount deposited by the State in this Court. 2.

Heard both the sides. The Appeal has been finally decided by the Judgment and Order dated 5th May, 2025, with the following operative order.

"ORDER (i) The Appeal is partly allowed.

SG Punde

2 CA6335.2025.odt (ii) The interest and statutory benefits granted by the learned Reference Court be determined as per State of Maharashtra vs. Kailash Shiva Rangari, 2016 SCC OnLine Bom 2236. (iii) Record and Proceedings be sent back to the learned Reference Court.

(iv) Pending Civil Application, if any, stands disposed off." 3.

Since there would be re-calculation of the interest and the statutory benefits in view of the above referred operative order, both the sides agree that, the amount be transferred to the learned Reference Court for doing the needful. Hence, the office shall transfer the amount deposited by the State in this Court to the learned Reference Court for the purposes of disbursing the same after re-calculation in the light of above operative order.

4.

Application stands disposed off.

[NEERAJ P. DHOTE] JUDGE Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 21/06/2025 17:19:04 SG Punde