Pandurang Narayanrao Shelke v. The Maharashtra Industrial Development Corporation Through Its Regional Manager At Latur And ANR

1 CA 2518 of 2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 971 CIVIL APPLICATION NO. 2518 OF 2017 IN FIRST APPEAL STAMP NO.1764 OF 2016 ---- Pandurang s/o Narayanrao Shelke. .. Applicant.

Versus

The Maharashtra Industrial Development Corporation, Latur And Another.

.. Respondents.

---- Shri. A.N. Irpatgire, Advocate, for applicant. Shri. S.S. Dande, Advocate, for respondent No.1. Shri. A.R. Kale, Assistant Government Pleader, for respondent No.2.

---- Coram: T.V. NALAWADE & SANGITRAO S. PATIL, JJ.

Date: 2 March 2017 ORDER:

1) The application is filed for giving permission to withdraw the compensation amount deposited by the respondents. Both sides are heard.

2 CA 2518 of 2017 2) In the order made by this Court in Civil Application No.8730 of 2016 in FAST No.19983 of 2015 (Shobha Nagnath Kaname v. Regional Officer, MIDC, Latur) dated 17-6-2016 is produced. The order shows that 75% of the amount deposited by the acquiring body was allowed to be withdrawn subject to some conditions. So present civil application needs to be allowed in the same terms. It appears that in one order made by this Court, 50% was allowed to be withdrawn. But it is informed that the said matter pertains to other village. In the result, the following order is made:- (i) The applicant shall be permitted to withdraw 25% of the amount out of the total amount deposited on furnishing personal undertaking to this Court that in the event of success of appeal, he will refund the amount within a period of one month from the date of issuance of such order.

3 CA 2518 of 2017 (ii) The applicant is permitted to withdraw further sum of 25% of the amount out of the total amount deposited, on furnishing solvent surety in the like amount.

(iii) The applicant is permitted to withdraw further sum of 25% of the amount out of the total amount deposited on furnishing Bank guarantee of a Scheduled Bank or Nationalized Bank in the like amount.

(iv) Balance 25% amount out of the total amount deposited by the acquiring body in this Court shall be invested in fixed deposit receipts initially for a period of three years and the fixed deposit receipts be renewed thereafter until disposal of appeal.

3) Civil application stands disposed of accordingly.

Sd/- Sd/- (SANGITRAO S. PATIL, J.) (T.V. NALAWADE, J.) rsl