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Bombay High CourtCA/9298/2024admittedallowedgrantedrule absolute

Narsing Babu Upgandale v. The State Of Maharashtra, Through The Collector, Latur And ORS

2024-12-04Hon'Ble Shri Justice Kishore C. Sant2 pages

2024:BHC-AUG:28633 {1} 19-ca-9298-2024

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 19 CIVIL APPLICATION NO. 9298 OF 2024 IN FA/1681/2020 Narsing Babu Upgandale

VERSUS

The State Of Maharashtra, Through The Collector, Latur And Others .....

Mr. G.K. Sontakke, Advocate for Applicant Mr. S.C. Arora, Advocate for respondents No. 3 and 4 Mr. D.J. Patil, AGP for State .......

CORAM : KISHORE C. SANT, J.

DATE : 04th DECEMBER, 2024 PER COURT:

1.

Heard learned advocates for the parties.

2.

This application is for withdrawal of remaining amount. It is pointed out that this Court has already permitted applicants to withdraw 50% of the amount deposited in this Court by order dated 17th June, 2021. Applicant relies upon the orders passed by the Hon'ble Apex Court in SLP (C) Nos. 1728417287 of 2021, arising out of same acquisition proceeding. By the said order the Hon'ble Apex Court granted applicants therein permission to withdraw even balance 50% of the amount on furnishing solvent security to the satisfaction of Reference Court. Bhagyawant Punde

{2} 19-ca-9298-2024 3.

The application is vehemently opposed by Mr. Arora, learned advocate for the respondent. However, considering that in similar matters, Hon'ble Apex Court has permitted to withdraw even balance amount, following order is passed:

ORDER

A) Applicant is permitted to withdraw remaining amount along with accrued interest lying in this Court on furnishing solvent surety/security to the satisfaction of learned Registrar (Judicial) of this Court.

B) Civil application stands disposed of.

[KISHORE C. SANT, J.] Bhagyawant Punde