Ramkrishna Girdhar Kale Deceased Thr Lrs Dashrath Deceased Thr Lrs Nalini Dashrath Kale And Others v. The Area Manager, M.I.D.C. Jalgaon Midc, Jalgaon And ORS

1 27-CA-11385-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 27 CIVIL APPLICATION NO. 11385 OF 2017 IN FA/4014/2016 RAMKRISHNA GIRDHAR KALE DECEASED THR LRS DASHRATH DECEASED THR LRS NALINI DASHRAT

VERSUS

THE AREA MANAGER, M.I.D.C. JALGAON MIDC, JALGAON AND ORS ...

Advocate for Applicant : Mr. Ajeet B. Kale (VP Not Filed) Advocate for respondent No. 1: Mr. S.S. Dande AGP for Respondent No. 2: Mr. S.R. Yadav .....

CORAM : K.K. SONAWANE, J.

DATED : 13th NOVEMBER, 2017.

Order :-

1. Heard learned counsel for the parties. 2.

Learned counsel for the applicants has tendered across the bar copies of orders passed by this Court in the similar matters arising out of the same award. The same are taken on record and marked as Exhibit "X" Colly. for identification purpose.

3.

The learned counsel for the respondent-Acquiring Body MIDC fairly conceded to pass similar order in the present application. 4.

In view of aforesaid submissions and for the reasons stated in the application, the same is allowed. The applicants are allowed to withdraw 25% of the amount deposited in this Court on furnishing undertaking to the satisfaction of Registrar(Judicial) of this Court that in case adverse situation arises in the appeal on adjudication of the same, the applicants would deposit the entire decreetal amount forthwith as directed by this Court. The applicants are further allowed to withdraw balance 75% amount deposited in this Court on furnishing solvent surety or bank guarantee of like amount of any nationalized bank of scheduled bank.

4.

Accordingly the application stands disposed of. Sd/- [ K. K. SONAWANE ] JUDGE MTK