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Bombay High CourtCA/10321/2024admittedallowedgrantedrule absolute

Uttam S/O Damodhar Gorse And ORS v. The State Of Maharashtra Through Deputy Collector And ANR

2024-10-11Hon'Ble Shri Justice Kishore C. Sant2 pages

916 ca.10321.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

916 CIVIL APPLICATION NO. 10321 OF 2024 IN FA/1673/2024 UTTAM S/O DAMODHAR GORSE AND ORS

VERSUS

THE STATE OF MAHARASHTRA, THROUGH DEPUTY COLLECTOR AND ANR ...

Advocate for Applicant : Mr. Suresh Namdeo Rodge. AGP for Respondent/State : Mr. V. S. Badakh.

Advocate for Respondent No.2 : Mr. Suresh W. Munde. Advocate for Respondent No.7 : Mr. Vinod K. Chavan, h/f Mr. Amol Jagtap. ...

AND CIVIL APPLICATION NO. 12720 OF 2023 IN FA/1673/2024 CORAM :

KISHORE C. SANT, J.

DATE :

11th October, 2024.

P.C.:

.

Heard the learned counsels for the parties.

In CIVIL APPLICATION NO. 10321 OF 2024, this application is for withdrawal of amount deposited in this Court by the acquiring body as per the judgment and award passed by the learned Reference Court. The is deposited as below:- 1.

Uttam Damodhar Gorse Rs.6,56,940/- 2.

Raosaheb Sopan Gorse Rs.4,06,677/- 3.

Ushabai Sopan Gorse Rs.8,44,637/- 4.

Vitthal Damodhar Gorse Rs.1,25,132/-

916 ca.10321.24.odt Considering the amount, the following order is passed:

O R D E R

I.

Applicants Uttam, Raosaheb and Ushabai are permitted to withdraw 50% of the amount of compensation alongwith accrued interest on furnishing usual undertaking. They are further permitted to withdraw 25% of the amount alongwith accrued interest on furnishing solvent surety / security to the satisfaction of the learned Registrar (Judicial) of this Court. The remaining amount be kept in fixed deposit in any nationalized bank till disposal of the appeal. II.

So far as applicant Vitthal is concerned, he is permitted to withdraw the entire amount alongwith accrued interest on furnishing usual undertaking.

III.

The amount be transferred in their individual accounts. IV.

With this, the civil application stands disposed of. [ KISHORE C. SANT, J. ] nga