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Bombay High CourtCA/14682/2016disposed offdismissed for default

Dattatraya Vitthalrao Kapse v. The State Of Maharashtra And Another

2016-11-16Hon'Ble Shri Justice P.R. Bora2 pages

918 ca 14682.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO. 14682 OF 2016 IN FA/3177/2015 DATTATRAYA VITTHALRAO KAPSE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Murge Estling S AGP for Respondents:S.P. Deshmukh ...

CORAM : P.R. BORA, J.

DATE : 16-11-2016.

P.C. :

1.

Heard the learned counsel appearing for the applicants i.e. original claimants and learned A.G.P. Considering the contentions raised in the application for withdrawal of the deposited amount and having regard to the grounds of objection raised in the appeal in exception to the impugned judgment and award, I deem it appropriate to pass the following order.

ORDER

i) The applicants are permitted to withdraw 70% of the deposited amount on submitting an undertaking that in the event any adverse order is passed they will re-deposit the amount so withdrawn by them within four months of passing such order.

ii) Balance 30% amount be invested in any

918 ca 14682.16.odt nationalized bank in F.D.R. initially for a period of two years and if required, for a further period till the disposal of the appeal. Civil application stands disposed of.

(P.R. BORA) JUDGE mub