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Bombay High CourtCA/13561/2018disposed offdismissed for default

Bapurao Dadarao Bachute (Died) Thr Lrs Vatchala And ORS v. The State Of Maharashtra And ORS

2018-12-14Hon'Ble Shri Justice Sunil K. Kotwal3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 CIVIL APPLICATION NO.13558 OF 2018 IN FAST/1568/2017 WITH CA/13559/2018 IN FAST/1381/2017 WITH CA/13560/2018 IN FAST/1653/2017 WITH CA/13561/2018 IN FAST/1659/2017 HANUMANT RAOSAHEB BACHUTE

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : Mr.Sarawade Patil Dattatray D. AGP for Respondent No. 1: Mr. S.N. Morampalle Advocate for Respondent No. 3 : Mr. P. P. More ...

CORAM : SUNIL K.KOTWAL, J.

DATE : DECEMBER 14, 2018 O R D E R :

Heard learned counsel for applicants and learned counsel for respondent No. 3.

2.

As per direction of this Court, compensation amount with accrued interest thereon is deposited by the acquiring body in the Court.

3.

The original claimant wants to withdraw deposited compensation amount.

ca13558.18 4.

Learned counsel for acquiring body has pointed out that the Reference Court has awarded more compensation than the claim of the claimant.

5.

I have gone through the judgment and award passed by the Reference Court.

6.

Considering the said judgment and award, I find it proper to allow applicant to withdraw 50% amount of the deposited compensation with proportionate accrued interest thereon subject to filing of the solvent security for the said amount. Remaining amount shall be invested in fixed deposit till final disposal of the appeal.

7.

Registrar (Judicial) to act accordingly.

[SUNIL K.KOTWAL, J.] mahajansb/

ca13558.18