Shahaji Bhanudas Kapse v. The State Of Maharashtra And Others

1 935-CA-10293-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10293 OF 2017 IN FIRST APPEAL NO. 2291 OF 2016 Shahaji Bhanudas Kapse ...APPLICANT versus The State of Maharashtra and others ...RESPONDENTS .....

Mr. M.L. Dharashive, Advocate for applicant Mr. S.R. Yadav, AGP for respondents No. 1 and 2 Mr. V.S. Badakh, Advocate for respondent No. 3 .....

CORAM : K.K. SONAWANE, J.

DATED : 14th SEPTEMBER, 2017.

Order :- 1.

Heard learned counsel for appearing parties.

2.

Perused the application. In view of the nature of subjectmatter, the applicant is permitted to withdraw 50% of the amount deposited by respondent-Acquiring Body in this appeal on furnishing undertaking to the effect that in case adverse situation, if any, arises after adjudication of the appeal on merit, the applicant will refund the amount forthwith as per order of this Court. The rest of 25% of the amount is allowed to be withdrawn on furnishing solvent surety of like amount and remaining 25% balance amount be invested in FDR account in any Nationalized Bank for a period of two years or till adjudication of the appeal, whichever is earlier. 3.

In the light of above, the civil application stands disposed of accordingly.

[ K. K. SONAWANE ] JUDGE MTK