Amar Dattatraya Patil v. The State Of Maharashtra Through The Collector, Osmanabad And Others

959-CA-11789-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11789 OF 2021 IN FIRST APPEAL NO. 1274 OF 2017 Amar Dattatray Patil ..APPLICANT

VERSUS

State of Maharashtra and Others ..RESPONDENTS WITH CIVIL APPLICATION NO. 11790 OF 2021 IN FIRST APPEAL NO. 1278 OF 2017 Vyankatesh Netaji Munde (Died) Through L.Rs.

Ganesh Vyankatesh Munde and Others ..APPLICANTS

VERSUS

State of Maharashtra and Others ..RESPONDENTS ....

Mr. Nilesh Patil, Advocate h/f Mr. D.D. Sarawade Patil, Advocate for applicant Mr. A.B. Chate, A.G.P. for respondent nos. 1 and 2 in CA/11789/21 Mr. Mr. S.S. Dande, A.G.P. for respondent nos. 1 and 2 in CA/11790/21 ....

CORAM : R.G. AVACHAT, J.

DATED : 24th NOVEMBER, 2021 PER COURT :

1.

Heard.

2.

These are second applications for withdrawal of amount. The amount under the impugned award has been deposited in two installments. 1 / 2

959-CA-11789-21.odt First time 50% amount was deposited. That entire amount has already been permitted to be withdrawn. Later on, balance 50% amount has been deposited.

3.

In connected matter, this Court has permitted to withdraw 75% of the amount under the award. Similar treatment, therefore, needs to be given here.

4.

The applicants are permitted to withdraw 50% of the amount deposited later on, with interest accrued thereon, as against solvent surety/security/bank guaranty. Balance amount be invested in fixed deposit with any of the nationalised bank, pending the appeals. Civil applications stand disposed of accordingly.

( R.G. AVACHAT, J. ) SSD 2 / 2