Rajibai Kesharmal Oswal Died Lrs Kesharmal Virchand Oswal v. The Maharashtra Housing And Area Development Authority Thr The Deputy Engineer And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12454 OF 2016 IN FIRST APPEAL ST. NO. 17734 OF 2015 Rajibai Kesharmal Oswal died LRs.

..

Applicants

Versus

The Maharashtra Housing & Area Development.. Respondents Authority & ors.

WITH CIVIL APPLICATION NO. 12455 OF 2016 IN FIRST APPEAL ST. NO. 17734 OF 2015 Ramesh Prakash Rasane ..

Applicant

Versus

The Maharashtra Housing & Area Development.. Respondents Authority & ors.

Mr.R.R. Mantri, Advocate for the applicants.

Mr.A.B. Kadethankar, Advocate for R-1.

Mr.S.P. Sonpawale, AGP for respondent/State.

CORAM : A.V.NIRGUDE, J DATED :

19.09.2016 P.C. :- 1.

These are applications for withdrawal of amount. 2.

Mr.A.B. Kadethankar, learned Counsel for respondent No.1 opposes the application on the ground that exorbitant amount of compensation has been granted by the Reference Court.

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Today the award is in favour of the applicant. Considering the same, I pass following order :-

ORDER

(i) The applicants are allowed to withdraw 50% of the amount deposited on submitting an undertaking to this Court that in the event this Court directs the applicants to deposit the amount, they will redeposit the amount within a period of one month from the date of such order. (ii) The applicants are further allowed to withdraw 25% of the amount deposited on submitting solvent security / surety of the like amount.

(iii) The remaining 25% of the amount be kept in Fixed Deposit in any Nationalized Bank. The Civil Applications accordingly stand disposed of.

[A.V.NIRGUDE,J.] /2016/ 16/ snk SEP ca12454.16