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Bombay High CourtCA/13930/2016disposed offdismissed for default

Pralhad Dula Khadke Deceased Shantabai Pralhad Khadke Deceased Thr Lrs Nalini And Others v. The Area Manager Maharashtra Industrial Development Corporation Jalgaon And ORS

2016-10-18Hon'Ble Shri Justice P.R. Bora3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO. 11157 OF 2015 IN FA/2329/2014 KESHAV VITHU KALE DECEASED THROUGH ITS LRS GIRIJABAI AND OTHERS

VERSUS

THE DISTRICT COLLECTO JALAON AND ORS ...

Advocate for Applicants : Kale Ajeet B.

AGP for Respondents: S.P. Deshmukh Advocate for Respondents : S.S. Dande for R.3 with 918 CIVIL APPLICATION NO. 12353 OF 2016 IN FA/1964/2014 SHANKAR SAKHARAM MALI DECEASED THROUGH LRS DAGADU SHANKAR MALI AND OTHERS

VERSUS

THE AREA MANAGER MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION JALGAON AND ORS ...

Advocate for Applicants : Kale Ajeet B.

AGP for Respondents: A.D. Nande Advocate for Respondents : S.S. Dande for R3 ...

with 925 CIVIL APPLICATION NO. 13930 OF 2016 IN FA/2328/2014 PRALHAD DULA KHADKE DECEASED SHANTABAI PRALHAD KHADKEDECEASED THR LRS NALINI AND

VERSUS

THE AREA MANAGER MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION JALGAON AND ORS ...

Advocate for Applicants : Kale Ajeet B.

AGP for Respondents: S.P. Deshmukh Advocate for Respondents : S.S. Dande for R3 ...

with 926 CIVIL APPLICATION NO. 13931 OF 2016 IN FA/2341/2014 PITAMBAR KAUTIK FEGADE

VERSUS

THE AREA MANAGER MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION JALGAON AND ORS ...

Advocate for Applicants : Kale Ajeet B.

AGP for Respondents: S.N. Morampalle Advocate for Respondents : S.S. Dande for R3 ...

CORAM : P.R. BORA, J.

DATE : 18-10-2016.

P.C. :

1.

The learned counsel appearing for the applicant submits that, in the connected matters arising out of the same reference proceedings this court has permitted the original claimants to withdraw 75% of the deposited amount on furnishing bank guarantee or solvent surety in the like amount and has directed to invest the balance 25% of the amount in the F.D.R. in any nationalised bank. The learned counsel has, therefore, prayed for passing similar orders in the present applications also. 2.

Shri S.S. Dande, counsel appearing for the acquiring body has conceded for passing such order stating that similar orders are passed in the connected matters. Hence the following order.

ORDER

i) The applicants are permitted to withdraw 75% of the deposited amount on furnishing bank guarantee of any

nationalised bank or scheduled bank of the like amount or furnishing solvent surety/security of the like amount. ii) Balance 25% amount be invested in any nationalized bank in F.D.R. initially for a period of two years, if so required, for a further period till the disposal of the appeal. Civil applications stand disposed of. (P.R. BORA) JUDGE mub