Babasaheb Nivrutirao Chate And ANR v. Ramrao Navnath Rathod And ORS

930ca10706.24 withdraw

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 930 CIVIL APPLICATION NO. 10706 OF 2024 IN FA/1817/2020 WITH CIVIL APPLICATION NO. 10707 OF 2024 IN FA/1319/2021 BABASAHEB NIVRUTIRAO CHATE AND ANR

VERSUS

RAMRAO NAVNATH RATHOD AND ORS ...

Advocate for Applicant : Mr. N.B. Khandare h/f Mr. Choudhary Deelip Janardhanrao Advocate for Respondent No. 1 : Mr.M.M.Ambhore Advocate for Respondent No.4 : Mr. S.S. Patil ...

CORAM : KISHORE C. SANT, J.

DATE : 04.10.2024.

PER COURT :

1.

Heard. Both these applications are filed for seeking withdrawal of the part of the amount which is still lying in the office of this court.

2.

The applicants have already withdrawn 50% of the amount of compensation on furnishing usual undertakings in view of the order dated 5.5.2022. The applicants have again approached this court for the reason that there is marriage in

930ca10706.24 withdraw the family. A copy of marriage card is annexed. The marriage is shown to be performed on 18.10.2024.

3.

After hearing the parties, this Court finds that it would be in the interest of justice to allow the applicants to withdraw 25% of the amount of the total amount of compensation deposited in addition to the 50% which is already withdrawn on furnishing of solvent surety/security to the satisfaction of the Registrar, Judicial of this Court that in case the appeal is allowed the applicants shall re deposit the same in this Court. The said course be completed before 10.10.2024 looking to the urgency in the matter.

4.

Both the Civil Applications stand disposed off. 5.

The amount is to be allowed to be withdrawn to the present applicants only, who are the legal representatives of the deceased only.

( KISHORE C. SANT ) JUDGE mahajansb/