Mohan Manikrao @ Manik Nandgure @ Birajdar v. The State Of Maharashtra Through The Collector Osmanabad And ORS

( 1 ) ca11098.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 13 CIVIL APPLICATION NO.11098 OF 2023 IN FA/4445/2016 MOHAN MANIKRAO @ MANIK NANDGURE @ BIRAJDAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD AND ORS Mr.L.C. Patil, Advocate for the applicant.

Mr.S.P. Tiwari, AGP for the respondent/State. Mr.R.A. Tambe, Advocate for respondent No.3.

CORAM

:

KISHORE C. SANT, J.

DATED :

04.09.2023 PC :- 01.

This Court by order dated 12.04.2019 had allowed the applicant to withdraw 50% of the compensation amount deposited in this Court along with accrued interest, 25% was permitted to be withdrawn subject to filing of the solvent security within a period of 12 weeks. Remaining 25% of the amount was directed to be invested in the fixed deposit in any nationalized bank till final disposal of the appeal. Pursuant to this order, the applicant withdrew 50% of the amount by giving an undertaking. However, he could not furnish solvency for the purpose withdrawing 25% of the amount. This Court, thereafter by order dated 13.09.2019 modified the order and directed to withdraw 50% amount of the deposited amount.

( 2 ) ca11098.23 02.

The applicant has now filed application stating that now he is in a position to furnish solvent security for the purpose of withdrawal of 25% of the amount. Considering above request and since already this Court had allowed to withdraw amount of 25% with solvent surety, this Court finds that this application also needs to be allowed.

03.

The Civil Application stands allowed. The applicant is at liberty to withdraw 25% of the total amount along with accrued interest, deposited in this Court on giving solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. For that purpose time is extended by four weeks. [KISHORE C. SANT, J.] snk/2023/SEP23/ca11098.23