Kama Sonu Mokale (Died) Thr Lrs Bhimrao And ORS v. Bharat Petroleum Corporation Ltd., A Govt. Of India Company Thr Its Authorized Signatory And Others

1 66-2021ca vdk

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 66 OF 2021 IN FIRST APPEAL NO. 1809 OF 2020 Kama Sonu Mokale (Died) Through LRs Bhimrao Kama Mokale and others ..... Applicants

Versus

Bharat Petroleum Corporation Ltd., through its Authorized Signatory and others ..... Respondents ...

Mr. A.B. Kale, Advocate for the applicants Mr. A.P. Bhandari, Advocate for respondent no. 1 ...

[CORAM : SUNIL P. DESHMUK AND ABHAY AHUJA, J J.

] DATE :

5 th February, 2021 ORDER :

1.

This is an application for withdrawal of amount deposited towards land acquisition compensation. Learned counsel for applicants refers to that only 60% of the awarded amount has been deposited in this court and applicants are poor agriculturists and their source of income has been taken away. They require the amount for various purposes including their survival.

2 66-2021ca 2.

In view of the same, we deem it appropriate to allow applicants to withdraw 50% of the amount deposited presently in this court on condition of furnishing undertaking to the effect that in the event, decision in first appeal is adverse to their interest, they would pay back / deposit the amount in this court being withdrawn under this order within a period of three months from the date of such decision. Rest of 50% of the amount deposited is allowed to be withdrawn by the applicants subject to furnishing solvent security to the satisfaction of Registrar (Judicial) of this court.

3.

Civil application is disposed of.

[ABHAY AHUJA] [SUNIL P. DESHMUKH] JUDGE JUDGE vdk/66-2021ca