Madhav Vithoba Ghodke Since Died Thr Lrs Tarabai And ORS v. The Regional Officer Maharashtra Industrial Development Corporation Midc At Latur And ANR

CA 9688/16 in FA 886/16 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.9688/2016 IN FIRST APPEAL NO.886/2016 Madhav Vithoba Ghodke, since died, through L.Rs.Tarabai and others.

...Applicants..

Versus

The Regional Officer, Maharashtra Industrial Development Corporation, MIDC at Latur & another.

...Respondents...

.....

Shri A.R. Joshi, Advocate for applicants.

Shri S.S. Dande, Advocate for respondent no.1. Shri P.P. Kulkarni, Advocate for respondent no.1 in FA. Shri A.B. Girase, Govt.Pleader for the State. .....

CORAM: R.M. BORDE & K.L. WADANE, JJ.

DATE: 08.07.2016 ORDER :

1] Heard learned counsel for the parties.

2] For the reasons recorded while disposing of Civil Application No.4646/2016 in First Appeal (St) No.18194/2015 and other companion matters on 15.4.2016, the instant civil application also deserves to be allowed and the same is allowed in following terms :- a] The applicants are allowed to withdraw 25% of the amount deposited on furnishing undertaking

CA 9688/16 in FA 886/16 - 2 - to this Court that in the event the appeals are allowed, they would deposit the amount within one month from the date of decision in the appeal. b] The applicants are further allowed to withdraw 50% of the amount deposited on furnishing bank guarantee of the Nationalized or scheduled bank for the like amount.

c] Remaining 25% of the amount deposited be kept in fixed deposit of any Nationalized Bank. (K.L. WADANE, J.) (R.M. BORDE, J.) ndk/c871621.doc