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Bombay High CourtCA/10657/2015admittedallowedgrantedrule absolute

Rahimatulla Yakub Shaikh Since Deceased Thr Lrs Maimunabee And Others v. The General Manager, Bharat Sanchar Nigam Ltd. And Others

2015-09-11Hon'Ble Shri Justice S V Gangapurwala2 pages

CA10657.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10657 OF 2015 IN FA/585/2014 RAHIMATULLA YAKUB SHAIKH SINCE DECEASED THR LRS MAIMUNABEE AND OTHERS

VERSUS

THE GENERAL MANAGER, BHARAT SANCHAR NIGAM LTD. AND OTHERS .............

Mr S. S. Choudhary, Advocate for the applicants Mrs M.A. Deshpande, Advocate for respondent No. 1 ..............

CORAM :

S. V. GANGAPURWALA, J.

DATE : 11TH SEPTEMBER, 2015.

PER COURT:

.

This is an application for withdrawal of the amount. 2.

Mrs Deshpande, learned Counsel for respondent No. 1 submits that, the reference Court has granted exorbitant amount of compensation. The SLAO had granted compensation at the rate of Rs. 212/- per R. The reference Court has enhanced compensation to Rs. 6,000/- per R.

3.

Considering the award passed, I pass the following order.

ORDER

(i) The applicant is allowed to withdraw 25% of the amount deposited on submitting an undertaking to this Court that, in the event this Court directs the applicants to deposit the

CA10657.2015.odt amount, they will redeposit the amount within a period of one month from the date of such order.

(ii) The applicant is further allowed to withdraw 50% of the amount deposited on furnishing solvent security / surety of the like.

(iii) The remaining 25% amount be kept in Fixed Deposit in any of the Nationalized Bank.

Civil Application accordingly disposed of.

[ S. V. GANGAPURWALA, J. ] sgp