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Bombay High CourtCA/8649/2024admittedallowedgrantedrule absolute

Jagannath Tanhu Rahane v. The State Of Maharashtra Through Collector Aurangabad And ORS

2024-08-16Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2024:BHC-AUG:18276 ca 8649.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1038 CIVIL APPLICATION NO. 8649 OF 2024 IN FA/4772/2023 Jagannath Tanhu Rahane

VERSUS

The State Of Maharashtra Through Collector Aurangabad And Ors ...

Advocate for Applicant : Mr. Janapurkar Pradeep M Mr. M.S. Kulkarni advocate for respondent No.3. CORAM : S. G. CHAPALGAONKAR, J.

Dated : August 16, 2024 ORDER:- 1.

Heard rival submissions.

2.

The applicant is seeking withdrawal of entire compensation amount. However, this Court in other similar matters, vide order dated 19th April 2022, has permitted the applicants therein to withdraw 50% of the amount of compensation on usual undertaking and 25% of the amount of compensation on furnishing solvent surety/security. In view of the same, the applicant herein is permitted to withdraw 50% of the deposited amount alongwith proportionate interest thereon accrued till date, on furnishing usual undertaking and 25% of the deposited amount on furnishing solvent surety/security to the satisfaction of Registrar (Judicial) of this Court. The

ca 8649.24.odt remaining amount be invested in F.D.R. in any Nationalized Bank till final disposal of the appeal. 3.

The application is disposed of accordingly.

( S. G. CHAPALGAONKAR ) JUDGE ...

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