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Bombay High CourtFA/453/2011disposed offdismissed for default

The State Of Mah And ORS v. Bharat Subash Sabade And ORS

2019-07-11Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

915-ca-3826-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3826 OF 2021 IN FIRST APPEAL NO. 453 OF 2011 Gangadhar S/o Sandu Gayake ... Applicant

Versus

The State of Maharashtra and others ... Respondents ....

Mr. Swapnil Patnurkar i/b J.P. Legal Associates for Applicant Mr. P.M. Kulkarni, AGP for Respondent Nos.1 and 2 /State. Mr. Anil M. Gaikwad, Advocate for Respondent No.3 ....

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 29th JUNE, 2021 PER COURT:- 1.

It is an application for withdrawal of amount preferred by applicants / original claimant.

2.

Heard Mr. Swapnil Patnurkar, learned counsel for the applicant, Mr. Gaikwad, learned counsel appearing for G.M.I.D.C./ Respondent No.3 and Mr. P.M. Kulkarni, learned AGP for respondent Nos.1 and 2 / State.

3.

It is revealed that the acquiring body has deposited the entire decreetal amount in this Court. It is necessary to allow the applicant / original claimant to withdraw 50% of the amount deposited by the acquiring body in this Court, which would meet the ends of justice. Hence, the following order.

915-ca-3826-21

ORDER

(i) The applicant / original claimant is permitted to withdraw 50% of the amount on furnishing usual undertaking with necessary conditions to the satisfaction of the Registrar (Judicial) of this Court. (ii) The civil application is disposed of accordingly. ( SHRIKANT D. KULKARNI ) JUDGE S.P. RaneIN FA