Dhondiba Maruti Shingnale (Died) Thr Lrs. Barkabai Dhondiba Shingale And Others v. The State Of Maharashtra And ANR

938-CA-12169-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12169 OF 2022 IN FA/1266/2022 DHONDIBA MARUTI SHINGNALE (DIED) THR LRS. BARKABAI DHONDIBA SHINGALE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANR.

...

Advocate for Applicants : Mr. P. B. Rakhunde AGP for Respondents/State: Mr. S. S. Dande ...

CORAM

: S. G. CHAPALGAONKAR, J.

DATE :19.08.2023 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking withdrawal of their balance amounts of compensation along with interest accrued thereon. 3.

Vide order dated 12/07/2021, this Court has already permitted these applicants to withdraw 75% of the total compensation amount i.e. 50% on undertaking and 25% on furnishing solvent surety / security. However, it seems that Hon' ble Apex Court vide order dated 30/01/2017 in another connected matters had already permitted the applicants therein to withdraw entire deposited amount of compensation by setting aside the order of this Court.

4.

In view of the same, the present applicants are permitted to withdraw their remaining respective balance amounts of 25% of the total compensation alongwith the interest accrued thereon 1/2

938-CA-12169-2022.odt till date on furnishing solvent surety / security to the satisfaction of Registrar [Judicial] of this Court.

5.

The civil application is accordingly disposed of. [S. G. CHAPALGAONKAR] JUDGE Sameer 2/2