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Bombay High CourtCA/11679/2022disposed off

Nagesh Vithal Valse v. The State Of Maharashtra Through The Collector, Latur And Others

2022-10-11Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice R. M. Joshi3 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11678 OF 2022 IN CIVIL APPLICATION NO. 498 OF 2021 IN FIRST APPEAL NO. 2493 OF 2019 Ujwala Vithal Valse Applicant

Versus

The State of Maharashtra & others Respondents Mr. L. C. Patil, Advocate for the applicant.

Mr. R.B. Bagul, AGP for respondents No. 1 and 2. Smt. S. D. Shelke, Advocate for respondent No. 3. WITH CIVIL APPLICATION NO. 11680 OF 2022 IN CIVIL APPLICATION NO. 500 OF 2021 IN FIRST APPEAL NO. 2495 OF 2019 Vithal Nagnath Valse Applicant

Versus

The State of Maharashtra & others Respondents Mr. L. C. Patil, Advocate for the applicant.

Mr. R.B. Bagul, AGP for respondents No. 1 and 2. Smt. S. D. Shelke, Advocate for respondent No. 3. WITH CIVIL APPLICATION NO. 11679 OF 2022 IN CIVIL APPLICATION NO. 499 OF 2021 IN FIRST APPEAL NO. 2494 OF 2019 Nagesh Vithal Valse Applicant

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Versus

The State of Maharashtra & others Respondents Mr. L. C. Patil, Advocate for the applicant.

Mr. R.B. Bagul, AGP for respondents No. 1 and 2. Smt. S. D. Shelke, Advocate for respondent No. 3. CORAM : R. G. AVACHAT & R. M. JOSHI, JJ.

DATE :11th OCTOBER, 2022.

PER COURT :

1.

By these applications, the applicants are seeking withdrawal of balance amount of 25%.

2.

Learned counsel for the applicants has relied upon the order of the Honourable Apex Court passed in Civil Appeal No. 2481/2021 wherein 100% amount was allowed to be withdrawn on furnishing security. He also places reliance on the order of the Honourable Apex Court passed in Speical Leave to Appeal No 2070620708/2021 wherein further direction is given to make the previous order applicable to all connected matters. Learned counsel for the respondents opposed the application.

3.

Since the Honourable Apex Court has permitted withdrawal of 100% amount and as 75% amount has already been withdrawn, there is no impediment in allowing the applicants to withdraw remaining 25% amount with interest accrued thereon

- 3 - subject to furnishing solvent security/surety covering amount withdrawn plus 75% amount in addition thereto. 4.

Applications stand disposed of accordingly.

( R. M. JOSHI) ( R. G. AVACHAT) Judge Judge dyb