Pawan Deelip Madne And ORS v. M.I.D.C. Thr Regional Officer, Latur And ORS

{1} ca13306.16.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13306 OF 2016 IN FIRST APEAL NO. 2193 OF 2016 Pawan Deelip Madne & others Applicants

Versus

Maharashtra Industrial Development Corporation & others Respondents Mr. R.R. Kulkarni, advocate for the applicants. Ms, R.P. Gour, . AGP for Respondent nos 2 and 3. Mr. S.S. Dande, advocate for respondent no. 1. CORAM : R.M.BORDE & P. R. BORA, JJ.

DATE : 24th MARCH, 2017 PER COURT:

1.

Instant appeal arises out of the same section 4 notification as in the case of Civil Application no. 13348/2016 in First Appeal No. 2192/2016.

2.

For the reasons recorded while disposing of aforesaid civil application, instant civil application stands allowed. The acquiring body has deposited 75% amount out of the amount awarded by the reference Court. Applicants shall be permitted to withdraw 50% of the amount already deposited by the acquiring body in this Court. Out of the permissible withdrawal of 50% by the applicants, 25% withdrawal shall be permitted without furnishing bank guarantee

{2} ca13306.16.odt or any solvent security, however, subject to tendering an undertaking to the effect that in the event of success of appeal, applicants shall redeposit the amount within a period of eight weeks from the date of such decision and the remaining 25% amount shall be permitted to be withdrawn on furnishing solvent security or bank guarantee. The balance 50% amount out of the 75% amount deposited by the acquiring body shall be invested in Nationalised Bank initially for a period of three years and the bank guarantee shall be renewed thereafter until disposal of the appeal. 3.

With the directions as above, civil application stands disposed of.

( P. R. BORA ) ( R.M.BORDE ) JUDGE JUDGE dyb