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Bombay High CourtCA/12428/2024admittedallowedgrantedrule absolute

Gautam Mahadeo Autade v. The State Of Maharashtra Through The Collector, Osmanabad And ORS

2024-11-26Hon'Ble Shri Justice Kishore C. Sant2 pages

( 1 ) 23-CA-12428-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 23 CIVIL APPLICATION NO. 12428 OF 2024 IN FAST/13158/2022 Gautam Mahadeo Autade

VERSUS

The State Of Maharashtra Through The Collector, Osmanabad And Ors WITH CIVIL APPLICATION NO. 10436 OF 2022 IN FAST/13158/2022 WITH CIVIL APPLICATION NO. 10437 OF 2022 IN FAST/13158/2022 The Ex. Engineer, Medium Project Div. Osmanabad And Ors

VERSUS

Gautam Mahadeo Autade ...

Mr. Abhijit S. More Advocate for Applicant.

Ms. Sunita D. Shelke Advocate for respondent No.3. Mr. N. D. Raje, AGP for Respondent-State.

CORAM

: KISHORE C. SANT, J.

DATE : 26th NOVEMBER 2024 PC :- CIVIL APPLICATION FOR WITHDRAWAL 1.

This application is filed for withdrawal of the amount deposited by the appellant-acquiring body in this Court. As per order passed by the learned Reference Court, only 50% amount is deposited in this Court. 3.

In view of the same, following order:-

ORDER

(i) Application stands allowed.

( 2 ) 23-CA-12428-2024 (ii) Applicant is permitted to withdraw entire amount (50% of the amount as per award) deposited in this Court along with accrued interest on furnishing usual undertaking.

(iii) Application stands disposed off.

CIVIL APPLICATION FOR DELAY 1.

Heard.

2.

For the reasons stated in the application, application is allowed. Delay stands condoned.

3.

Office to register the First Appeal.

4.

Application stands disposed off.

CIVIL APPLICATION FOR STAY 1.

Heard the parties.

2.

Since the acquiring body has already deposited 50% of the amount in this Court, there shall be stay to the impugned judgment and order till disposal of the appeal.

FIRST APPEAL 1.

Heard.

2.

Admit.

3.

Call for Record and Proceedings.

[KISHORE C. SANT, J.] Ethape