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Bombay High CourtCA/9364/2024admittedallowedgrantedrule absolute

Padmakar Haribhau Muley v. The City And Industrial Development Corporation Limited, Opp Cidco Bus Stand, Jalgaon Road, Abad

2024-10-11Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice Neeraj P. Dhote2 pages

2024:BHC-AUG:24952

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

956 CIVIL APPLICATION NO.9364 OF 2024 IN FIRST APPEAL NO.494 OF 2023 Padmakar Haribhau Muley and Ors.

..Applicants

Versus

The City and Industrial Development Corporation Limited, Opp CIDCO Bus Stand, Jalgaon Road, Aurangabad and Anr.

..Respondents .....

Shri. Dnyaneshwar A. Bide, Advocate for the Applicants Shri. Nikhil S. Tekale, Advocate for the Respondent No.1 Mrs. Kalpalata Patil Bharaswadkar, Addl. G. P. for the Respondent No.2 / State .....

CORAM : R. G. AVACHAT AND NEERAJ P. DHOTE, JJ.

Dated : OCTOBER 11, 2024 PER COURT :- .

This is the Application for withdrawal of the remaining 50% amount which is deposited by the Respondent No.1 / Acquiring Body. 2.

Heard learned Advocate for the Applicants, learned Advocate for the Acquiring Body and learned Addl. G.P. for the State. Perused the papers on record.

3.

This Court by Order dated 23.12.2022 allowed the Applicants / Claimants to withdraw 50% amount deposited by the Acquiring Body in the Court, 25% on furnishing solvent security and remaining 25% on

furnishing undertaking.

4.

By order dated 05.03.2024, this Court directed the Acquiring Body to deposit remaining 50% amount in this Court with accrued interest.

5.

There is no dispute that the Acquiring Body has deposited only, the remaining 50% amount.

6.

Upon hearing the parties, the Applicants are permitted to withdraw 50% of the remaining 50% amount deposited by the Acquiring Body on furnishing undertaking.

7.

Civil Application stands disposed of accordingly. ( NEERAJ P. DHOTE, J. ) ( R. G. AVACHAT, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 15/10/2024 17:30:49