Bombay High CourtCA/13753/2015admittedallowedgrantedrule absolute

Mannabee Matin Jineri v. The State Of Maharashtra And Another

2015-10-23Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice P.R. Bora3 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13752 OF 2015 IN FIRST APPEAL NO.1027 OF 2015 Mannabee w/o Matin Jineri Applicant

Versus

The State of Maharashtra & another Respondents Mr.S.R.Choukidar, advocate holding for Mr.S.Y.Mahajan, advocate for the applicant.

Mrs.A.V.Gondhalekar, A.G.P. for Respondents.

CORAM : R.M.BORDE & P.R.BORA, JJ.

DATE : 23rd October, 2015 PER COURT:

The State has deposited amount in pursuance to the directions issued by this Court and by way of instant application applicant-claimant is seeking permission to withdraw the amount. In the facts and circumstances of this case, the applicant-claimant shall be permitted to withdraw 75% of the amount out of the total amount deposited by the State, in the following manner:

(a) Out of the 75% of the amount, which is permitted to be withdrawn by the applicant-claimant, 50% of the amount shall be permitted to be withdrawn on furnishing an undertaking to this Court to the effect that in the event of success of appeal, applicant-

{2} claimant shall redeposit the amount in this Court within a period of twelve weeks from the date of such decision.

(b) The balance amount of 50% out of 75% of the amount, permitted to be withdrawn by the applicantclaimant, shall be disbursed to the applicant-claimant on furnishing solvent security in the like amount. (c) The balance amount of 25% shall be invested in any Nationalised Bank in Fixed Deposit initially for a period of three years and the Fixed Deposit Receipt shall be renewed thereafter for the period until disposal of appeal.

Civil Application is disposed of.

P.R.BORA R.M.BORDE JUDGE JUDGE adb/ca1375215

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