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Bombay High CourtCA/9178/2025admittedallowedgrantedrule absolute

Shrimant Dattu Ban v. The Executive Engineer Latur Through Narshinha Hanmantrao Kulkarni And ORS

2025-08-22Hon'Ble Shri Justice R. M. Joshi2 pages

2025:BHC-AUG:22968

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9178 OF 2025 IN FAST/9543/2023 Shrimant Dattu Ban

VERSUS

The Executive Engineer Latur Through Narshinha Hanmantrao Kulkarni And Ors Mr. S. B. Gastgar, Advocate for Applicant Mr. S. C. Arora, Advocate for Respondent No. 1 Mr. K. S. Hoke Patil, AGP for Respondent/State

CORAM

: R. M. JOSHI, J.

DATE : 22nd AUGUST, 2025 PER COURT :- 1.

It is not in dispute that from the same acquisition, other claimants are permitted to withdraw 75% amount.

2.

Learned counsel for both sides seek similar order. 3.

In view of this, following order.

ORDER

The applicant is allowed to withdraw 50% of the deposited amount along with accrued interest by the Acquiring Body in this Court on furnishing an undertaking that in case, the appeal is allowed, he shall 968-CA-9178-2025.odt

redeposit the amount with interest in this Court within twelve weeks thereafter. Further 25% of the amount shall be allowed to be withdrawn to the applicant on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. Remaining amount be invested in fixed deposit in any Nationalized Bank and be kept till disposal of the appeal 4.

The application stands allowed and disposed of. (R. M. JOSHI, J.) bsj 968-CA-9178-2025.odt