Sanjay Baburao Jadhav v. State Of Maharashtra And ORS

( 1 ) 67-ca12037-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 67 CIVIL APPLICATION NO.12037 OF 2019 IN FA/182/2017 SANJAY BABURAO JADHAV

VERSUS

STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : Sarawade Patil Dattatray D. AGP for Respondents: R.B.Bagul ...

CORAM : MANGESH S. PATIL, J.

DATE : 22.11.2019 P.C. :- Heard both the sides. The original claimant seeks to withdraw the amount deposited by the respondents pursuant to the award under challenge. 2] The learned advocate for the applicant submits that admittedly an amount of around Rs.44,000/- has been deposited and he may be allowed to withdraw the entire amount by furnishing usual undertaking. 3] The learned AGP points out that this Court in sister appeals arising from the same award has allowed the claimants therein to withdraw 60% of the amount and same order be passed.

4] Considering the fact that this Court in Civil Application No.13787 of 2018 in First Appeal No.181 of 2017 and connected matters by the order dated 24/1/2019 has allowed the claimants therein to withdraw 60% of the amount on furnishing undertaking, a similar order needs to be passed even in this application, howsoever meager the amount is.

( 2 ) 67-ca12037-19 5] The application is allowed. The applicant is allowed to withdraw 60% of the amount deposited in the Court by furnishing usual undertaking. [MANGESH S. PATIL, J.] umg/