Shamrao Manik Joshi v. The State Of Maharashtra Through The Collector, Osmanabad And ORS

1 17-CA 12595-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12595 OF 2023 IN FA/2525/2017 Vitthal Maruti Mali and another .. Applicants

Versus

The State of Maharashtra and others .. Respondents WITH CIVIL APPLICATION NO. 12596 OF 2023 IN FA/2526/2017 Baba Ramchandra Sutar .. Applicant

Versus

The State of Maharashtra and others .. Respondents WITH CIVIL APPLICATION NO. 12597 OF 2023 IN FA/2523/2017 Shamrao Manik Joshi .. Applicant

Versus

The State of Maharashtra and others .. Respondents Mr. Laxmikant C. Patil, Advocate for the Applicants in all matters. Mr. S. B. Pulkundwar, AGP for Respondent Nos. 1 and 2 in all matters. Mr. Rahul A. Tambe, Advocate for Respondent No. 3 in all matters. CORAM :

KISHORE C. SANT, J.

DATED : 20th OCTOBER, 2023.

2 17-CA 12595-2023.odt P. C. :- .

Heard.

2.

These applications are moved seeking modification in the order dated 15.06.2018. This Court was pleased to allow the applicants - original claimants to withdraw the entire amount deposited in this 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 While allowing the applications 50% amount was directed to be withdrawn on furnishing undertaking that in the event if adverse order is passed, then the amount of compensation would be refunded/re-deposited in this Court within two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 Remaining amount of 50% was directed to be withdrawn on furnishing bank guarantee.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 and remaining 50% of the amount by furnishing bank guarantee.

3.

The applicants have now filed these applications seeking relaxation of condition of furnishing bank guarantee. The bank has now issued letter to the claimants that earlier bank guarantee is given on depositing 50% cash collateral in the form of STDR/TDR at the relevant time. However, now for bank guarantee the applicants are required to deposit 100% of the amount of bank guarantee. A difficulty is therefore expressed that the applicants are not in a position to

3 17-CA 12595-2023.odt deposit 100% amount of the 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 15.06.2018. This Court has already passed similar order in Civil Application No. 12287/2023 along with other similar matters. 4.

In view of the same, these applications also stand allowed in terms of prayer clauses (B) and (C). The Registrar (Judicial) of this Court to accept the solvent surety/security to his satisfaction. Since the applicants have already withdrawn the amount, in view of this the bank guarantee stands discharged. The Registrar (Judicial) to accept the solvent surety/security in place of bank guarantee. The order dated 15.06.2018 is modified to that extent.

5.

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