Parmeshwar Dattu Hinge And Others v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 48 CIVIL APPLICATION NO.13825 OF 2016 IN FA/372/2016 WITH CA/3719/2016 IN FA/372/2016 PARMESHWAR DATTU HINGE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicants : Mr. Jayabhar Dattatraya R. Mr. SN Morampalle, AGP for Respondent No.1.

...

CORAM : P.R. BORA, J.

Dated: October 17, 2016 ...

PER COURT :- 1) Heard. The present application is filed by original claimants in LAR No.24/2003 seeking withdrawal of the amount deposited by the State in satisfaction of the Award passed in the aforesaid LAR.

2) Shri Jaybhar, learned counsel appearing for the applicants, submitted that though this Court had directed the Appellant/State to deposit the entire amount under the Award along with the interest accrued thereon, the State has deposited a meager sum of Rs. 11,85,106/-. The learned Counsel submitted that the applicants be permitted to BDV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD withdraw the entire aforesaid amount.

3) Learned AGP has conceded that the State has not deposited the entire decreetal amount. Even if the objections raised by the appellant in exception to the impugned Award are considered, there seems no difficulty in permitting the original claimants to withdraw the aforesaid amount deposited by the State in this court. Hence, the following order.

ORDER

i) The applicant/claimants are permitted to withdraw the amount of Rs.11,85,106/- deposited by the Appellant/State in this court. Civil Application stands disposed of.

( P.R. BORA, J. ) ...

BDV