Bhagchand Motiram Sonet (Died) Thr Lrs Mangalbai And ORS v. The State Of Maharashtra Through Collector, Aurangabad And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12515 OF 2022 IN FIRST APPEAL NO. 1832 OF 2021 Bagchand s/o Gotiram Sonet (died), through L. Rs.:

Applicants

Versus

The State of Maharashtra & others Respondents Mr. Shaikh Kayyum Najir, advocate for the Applicants Mr. S. R. Yadav Lonikar, AGP for Respondents No.1 & 2. Mr. B. R. Surwase, advocate for Respondent No.3. CORAM : SANDIPKUMAR C. MORE J.

DATE : 08th September, 2022.

PC :

This is an application for withdrawal of compensation amount by the legal heirs of original claimants, who were already brought on record before the Reference Court. It appears that vide order dated 01.09.2021, this Court had directed the acquiring body to deposit 80% of the amount of the award which the acquiring body has deposited. In view of the same, the applicants are permitted to withdraw 75% amount of the deposited amount of award, 50% on usual undertaking and 25% on furnishing solvent surety/security to the satisfaction of the Registrar (J) of this Court. It is further

{2} ca12515.22.odt clarified that the legal heirs of original claimant Bagchand Gotiram Sonet will be entitled for 50% amount of the aforesaid 75% amount and the legal heirs of Gulchand Gotiram Sonet will be entitled for 50% amount of the aforesaid 75% amount, on the same condition. The amounts falling to the share of the legal representatives of the aforesaid original claimants be paid to them by separate cheques. The application is accordingly disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb