Saraswatibai Sundarrao Mane v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 CIVIL APPLICATION NO. 11321 OF 2016 IN FA/106/2011 WITH CA/4197/2011 IN FA/106/2011 SARASWATIBAI SUNDARRAO MANE

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicant : Mr. Jayabhar Dattatraya R. AGP for Respondent No.1: Mr. B. V. Virdhe Advocate for Respondent No.2 : Mr. T.B. Bhosale .....

CORAM : V. K. JADHAV, J.

DATED : 23rd JUNE, 2017 PER COURT:- 1.

Heard both sides.

2.

Learned counsel for the applicant submits that in identical matter though this court has initially directed the applicants therein to furnish Bank guarantee for withdrawal of 50% of the amount, out of the amount deposited before this court, subsequently modified the said order and directed the applicants therein to furnish the solvent surety instead of bank guarantee. Learned counsel submits that the applicants herein are not in a position to furnish the bank guarantee as directed by this Court and they are ready to furnish the solvent surety. Thus, the order dated 10.8.2012 may be modified suitably to that extent.

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Learned counsel for the respondent acquiring body has not strongly resisted this request.

4.

In view of the above submissions and the fact that this Court at later stage in identical matter, by modifying earlier order, permitted the applicants therein to furnish the solvent surety instead of bank guarantee, the applicants are also permitted to furnish the solvent surety instead of bank guarantee to withdraw the amount of 50%, as directed in earlier order dated 10.8.2012.

5.

Civil application for withdrawal of the amount is disposed of. ( V. K. JADHAV, J.) rlj/