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Bombay High CourtCA/12842/2015admittedallowedgrantedrule absolute

Sanjay Madhavrao And ORS v. The State Of Maharashtra And Others

2015-10-09Hon'Ble Shri Justice S V Gangapurwala2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12841 OF 2015 IN FIRST APPEAL STAMP NO. 2681 OF 2012 Timma Yellappa .. Applicant

Versus

The State of Maharashtra and others .. Respondents Shri Yogesh P. Deshmukh, Advocate for the Applicant. Shri A. M. Phule, A.G.P. for the Respondent No. 1. Shri R. D. Biradar, Advocate for the Respondent No. 3. WITH C. A. NO. 12842 OF 2015 IN F. A. ST. NO. 2684 OF 2012 C. A. NO. 12843 OF 2015 IN F. A. ST. NO. 2659 OF 2012 C. A. NO. 12845 OF 2015 IN F. A. ST. NO. 2665 OF 2012 CORAM : S. V. GANGAPURWALA, J.

DATE : 09TH OCTOBER, 2015.

PER COURT :

.

This is an application for withdrawal of amount. Mr. Biradar, the learned counsel for the non applicant opposes the application on the ground that, the Reference Court has granted exorbitant compensation amount.

2.

Considering the award passed, I pass following order.

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The applicant/claimant is allowed 50% of the amount deposited on submitting an undertaking to this Court that, in case the appeal is allowed and the applicant is directed to deposit the amount, the applicant shall deposit the same within one month. The applicant is further allowed to withdraw 25% of the amount on furnishing solvent security/surety of the like amount. The remaining 25% of the amount shall be kept in fixed deposit of any nationalized bank. The civil application is disposed of. [ S. V. GANGAPURWALA, J. ] bsb/Oct. 15