Chandrakala Radhakishan Brijwasi, Died, Thr. L.Rs. Radhakishan Died Thr Lrs Gopal And ORS v. The State Of Mah, Thr. Collector, Latur And ANR

2025:BHC-AUG:33215-DB 1 917-CA-9128-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9128 OF 2025 IN FA/2113/2015 CHANDRAKALABAI RADHAKISHAN BRIJWASI DIED, THROUGH L.RS. AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. Balbhim R. Kedar, Advocate for Applicant Mr. A. V. Lavte, AGP for Respondent/State ...

CORAM : NITIN B. SURYAWANSHI AND VAISHALI PATIL JADHAV, JJ.

DATE : 28th NOVEMBER, 2025 PER COURT :

1.

By this application, the applicants are seeking modification of the order dated 19/12/2017 passed by this Court in Civil Application No.13598/2017, by which the applicants were permitted to furnish bank guarantee for withdrawal of 50% of the compensation amount.

2.

Learned advocate for applicants submits that the bank is charging Rs.9 Lakhs towards interest plus 18% GST on the amount which is already deposited with the bank. Therefore, they are seeking permission to furnish solvent surety / security instead of bank guarantee.

3.

Having heard learned advocate for applicants as well as learned AGP who has opposed the application and after perusal of SVH

2 917-CA-9128-25.odt the record, we are of the view that the application deserves to be allowed.

4.

For the reasons stated in the application, the same is allowed in terms of prayer clause 'B'.

(VAISHALI PATIL JADHAV, J.) (NITIN B. SURYAWANSHI, J.) SVH