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Bombay High CourtCA/10634/2019disposed offdismissed for default

Shaikh Hiraji Shaikh Kadarji Tamboli (Died) Thr Lrs Habibabi And ORS v. The State Of Maharashtra And ORS

2019-09-06Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

1016-CA-10634-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1016 CIVIL APPLICATION NO.10634 OF 2019 IN FA/1043/2014 SHAIKH HIRAJI SHAIKH KADARI TAMBOLI (DIED) THR LRS HABIBABI AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicants : Ms. Rakh Asha D. And Mr. Nilesh R Avhad AGP for Respondents/State : Mr. R.B. Bagul Advocate for respondent No.3 : Mr. B.R. Surwase ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 06th SEPTEMBER, 2019.

ORDER :

.

Present application has been filed for withdrawal of the amount deposited by the acquiring body. Amount of Rs.8,45,049/- has been deposited towards the award. Learned Advocate appearing for the acquiring body submits that the appeal has been filed challenging the quantum awarded by the reference Court.

2.

Under such circumstance, case is made out for partial withdrawal of the amount. Applicants are allowed to withdraw 50% of the amount that has been deposited in this matter and it be distributed between them equally subject to giving an undertaking that they would

1016-CA-10634-19.doc make the said amount good, if directed at the time of final disposal of the appeal.

3.

Civil Application stands disposed of accordingly. (SMT. VIBHA KANKANWADI, J.) SCM