Kamladevi Gopikishan Agralwal And ORS v. M.I.D.C., Through Its Regional Manager, Latur

921-ca-401-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.401 OF 2019 IN FA/653/2010 WITH CA/404/2019 IN FA/656/2010 KAMLADEVI GOPIKISHAN AGRAWAL AND ORS

VERSUS

M.I.D.C. THROUGH ITS REGIONAL MANAGER LATUR ...

Ms. Anjali Dube (Bajpai), Advocate for applicants. Mr. S.S. Dande, Advocate for respondent.

Mr. G.O. Wattamwar, AGP for respondents-State in first appeal.

...

CORAM : SUNIL P. DESHMUKH AND SMT. VIBHA KANKANWADI, JJ.

DATE : 29th November, 2019.

ORDER :

.

Having regard to the order dated 03-10-2017 passed in Civil Application No.12159 of 2017 in First Appeal No.2470 of 2010, while the matter is similar, we deem it appropriate to follow the suit and in the same terms pass following order.

2.

The Registrar (Judicial) is directed to consider the issue of solvent surety / security to the extent of said 50% in respect of which bank guarantee

921-ca-401-2019.odt came to be furnished by the applicants after hearing both the parties. If any such solvent surety / security is submitted by the applicants, the said solvent surety / security shall be kept alive till the disposal of the present First Appeal and for a period of four weeks thereafter. Upon furnishing the solvent surety / security to the satisfaction of the Registrar (Judicial), the Registrar (Judicial) shall return the bank guarantee to the applicants for cancellation. 3.

Civil applications are disposed of accordingly.

[SMT. VIBHA KANKANWADI, J.] [SUNIL P. DESHMUKH, J.] scm