Karbhari Genu Karhale (Died) Thr Lrs Parigabai And ANR v. The G.M.I.D.C., Thr Ex. Engineer, Minor Irrigation Div. No. -I And ANR

2025:BHC-AUG:3571 (1) 936- CA-14306-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO. 14306 OF 2022 IN FA/1397/2022 KARBHARI GENU KARHALE (DIED) THR LRS PARIGABAI AND ANR ....Applicants

VERSUS

THE G.M.I.D.C., THR EX. ENGINEER, MINOR IRRIGATION DIV. NO. -I AND ANR .....Respondents .....

Advocate for Applicant : Mr. Gore Ravindra Vitthal Advocate for Respondent No.1 : Mr. Aniket Wadwale h/f Mr. A. M. Gaikwad ...

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 06 FEBRUARY , 2025

ORDER

1.

Heard rival submissions.

2.

The applicants are seeking withdrawal of the entire amount of compensation, which has been deposited by the Acquiring Body alongwith the interest accrued thereon.

3.

The learned counsel for the applicants placed on record copy of order dated 20/07/2023 whereby this Court in other connected matters has granted withdrawal of 80% of the entire compensation alongwith the interest to the applicants therein. 4.

As such, the applicants herein are permitted to withdraw 80% of the deposited amount of compensation i.e. 50% on usual undertaking and 30% on furnishing solvent surety/security,

(2) 936- CA-14306-2022.odt alongwith the proportionate interest accrued thereon till date, to the satisfaction of the learned Registrar (Judicial) of this Court. 5.

The remaining amount be kept in Fixed Deposit in any Nationalized Bank on yearly renewal basis till final disposal of this appeal.

6.

The Civil Application is accordingly disposed of. (SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni