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Bombay High CourtCA/11824/2018disposed offdismissed for default

Vishwnath Parasram Kokne (Died) Thr Lrs Dada And ORS v. Marathawada Krishi Vidyapeeth Parbhani Thr Its Registrar And ANR

2018-09-25Hon'Ble Shri Justice P.R. Bora2 pages

1 11824.2018.CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

943 CIVIL APPLICATION NO. 11824 OF 2018 IN FA/1127/2018 WITH CA/14381/2017 IN FA/1127/2018 VISHWNATH PARASRAM KOKNE (DIED) THR LRS DADA AND ORS ..Applicants

VERSUS

MARATHAWADA KRISHI VIDYAPEETH PARBHANI THR ITS REGISTRAR AND ANR ..Respondents ...

Advocate for Applicants : Shri A.D. Soman;

Advocate for Respondent No.1 : Shri V.D. Patnurkar; AGP for Respondent No.2 - State : Shri P.G. Borade. ...

CORAM : P.R. BORA, J.

Dated: September 25, 2018 PER COURT :

1.

Heard Shri Soman the learned Counsel appearing for the applicants and Shri Patnurkar the learned Counsel appearing for the Acquiring Body.

2.

Shri Patnurkar has opposed for permitting any withdrawal at this juncture stating that, the compensation as has been enhanced by the reference Court is arbitrarily enhanced. Learned Counsel Shri Soman pointed out that, in companion matter, this Court has permitted the applicants therein to withdraw 50% of the deposited amount on undertaking. He

2 11824.2018.CA.doc has tendered across the bar the copy of the said order. In view of the above, the following order is passed.

ORDER

(i) The applicants are permitted to withdraw 50% of the deposited amount on submitting an undertaking to the satisfaction of the Registrar of this Court.

ii) Balance 50% amount be invested in Fixed Deposit Receipt in any Nationalized Bank, initially for one year and if so required for further period, till disposal of the appeal. iii) Civil Application for withdrawal of the amount stands disposed of.

( P.R. BORA, J. ) ...

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