Bhimrao Limba Mali v. The State Of Maharashtra Through The Collector, Osmanabad And ORS

1 908-CA 12703-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12703 OF 2023 IN FA/2952/2017 Bhimrao Limba Mali .. Applicant

Versus

The State of Maharashtra and others .. Respondents WITH CIVIL APPLICATION NO. 12705 OF 2023 IN FA/2948/2017 Rameshwar Krishna Mali .. Applicant

Versus

The State of Maharashtra and others .. Respondents Mr. Laxmikant C. Patil, Advocate for the Applicants in both matters. Mr. S. B. Pulkundwar, AGP for Respondent Nos. 1 and 2 in both matters.

Mr. M. S. Kulkarni, Advocate for Respondent No. 3 in both matters. CORAM : KISHORE C. SANT, J.

DATED : 20th OCTOBER, 2023.

P. C. :- .

Heard.

2.

These applications are moved seeking modification in the order dated 09.03.2018. This Court was pleased to allow the applicants - original claimants to withdraw the entire amount deposited in this

2 908-CA 12703-2023.odt Court by the appellant - acquiring body. While allowing the applications 50% amount was directed to be withdrawn on furnishing undertaking that in the event if adverse order is passed, then the amount of compensation would be refunded/re-deposited in this Court within two (02) months from the date of order. Remaining amount of 50% was directed to be withdrawn on furnishing bank guarantee. The applicants pursuant to the order passed by this Court withdrew the amount of 50% on furnishing undertaking.

3.

The applicants have now filed these applications seeking relaxation of condition of furnishing bank guarantee. A difficulty is therefore expressed that the applicants are not in a position to furnish bank guarantee. A relaxation is therefore prayed for. Now, the applicants prayed that instead of bank guarantee they may be permitted to furnish solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court and to that extent they are seeking modification in the order dated 09.03.2018. This Court has already passed similar order in Civil Application No. 12293/2023. 4.

In view of the same, these applications also stand allowed in terms of prayer clause (B). The Registrar (Judicial) of this Court to accept the solvent surety/security to his satisfaction. The Registrar

3 908-CA 12703-2023.odt (Judicial) to allow the applicants to withdraw remaining 50% amount on furnishing solvent surety/security. The Registrar (Judicial) to accept the solvent surety/security in place of bank guarantee. The order dated 09.03.2018 is modified to that extent.

5.

With this, the civil applications stand disposed off. ( KISHORE C. SANT, J. ) P.S.B.