Ramchandra Nagnath Joshi v. The State Of Maharashtra Through The Collector, Osmanabad And ORS

1 5-CA 12287-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12287 OF 2023 IN FA/3488/2015 Dhananjay Gajendra Kashid CIVIL APPLICATION NO. 12288 OF 2023 IN FA/3489/2015 Rajendra Gajendra Kashid died through L.Rs.

Bhagirthi Rajendra Kashid and others CIVIL APPLICATION NO. 12289 OF 2023 IN FA/3491/2015 Daji Gajendra Kashid CIVIL APPLICATION NO. 12290 OF 2023 IN FA/3490/2015 Shatrughna Shamrao Kashid

2 5-CA 12287-2023.odt CIVIL APPLICATION NO. 12291 OF 2023 IN FA/268/2016 Babu Limba Mali Died through L.Rs.

Sindhubai Baburao Gore (Mali) and others CIVIL APPLICATION NO. 12294 OF 2023 IN FA/3468/2015 Ramchandra Nagnath Joshi CIVIL APPLICATION NO. 12295 OF 2023 IN FA/3469/2015 Dadarao Digambar Kaldate and another CIVIL APPLICATION NO. 12296 OF 2023 IN FA/3471/2015 Prabhu Shivling Todkari Died through L.Rs.

Mahantappa Prabhu Todkari and others

3 5-CA 12287-2023.odt CIVIL APPLICATION NO. 12298 OF 2023 IN FA/37/2016 Shrimant Tatya Shinde CIVIL APPLICATION NO. 12297 OF 2023 IN FA/35/2016 Sonba Vishnu Gavali Died through L.Rs.

Prabhakar Sonba Gavali CIVIL APPLICATION NO. 12303 OF 2023 IN FA/269/2016 Mainabai Nagnath Mali CIVIL APPLICATION NO. 12306 OF 2023 IN FA/265/2016 Nagnath Babu Mali CIVIL APPLICATION NO. 12307 OF 2023 IN FA/267/2016 Alka Nagnath Mali

4 5-CA 12287-2023.odt Mr. Laxmikant C. Patil, Advocate for the Applicants in all matters. Mr. S. P. Tiwari, AGP for Respondent Nos. 1 and 2 in all matters. Mr. G. B. Rajale, Advocate for Respondent No. 3 in all matters. CORAM :

KISHORE C. SANT, J.

DATED : 13th OCTOBER, 2023.

P. C. :- .

Heard the parties.

2.

These applications are filed seeking modification of condition of furnishing bank guarantee for withdrawal of the amount. This Court by order dated 28.04.2017 was pleased to allow the applicants to withdraw 50% amount of the amount deposited by the acquiring body - appellant in this Court. Remaining 50% amount was directed to be withdrawn on furnishing bank guarantee. As per the direction the amount is already withdrawn by the applicants-original claimants. Now the difficulty faced by the applicants is that, by letter dated 10.08.2023, the bank has issued communication for renewal of bank guarantee asking the applicants to deposit entire amount for which the bank guarantee is furnished.

3.

Learned advocate for the applicants submits that, because of this condition the applicants are not in a position to deposit the amount of bank guarantee with the bank and they are ready to furnish solvent

5 5-CA 12287-2023.odt surety/security.

4.

This Court finds that, keeping 50% of the amount in the bank guarantee practically amount not to withdraw that amount. However, at the same time, it is necessary to take care of the interest of the acquiring body in case the appeals are allowed. Therefore, this Court finds that, instead of bank guarantee the applicants can be directed to give solvent surety/security for the amount of 50% instead of bank guarantee. The order is thus modified.

5.

The order dated 28.04.2017 stands modified by replacing sub paragraph of paragraph No. 3 as below :

Balance 50% amount is permitted to be withdrawn by furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.

6.

The applications are thus allowed in terms of prayer clauses (B) and (C).

7.

Office to act upon this order.

8.

The civil applications are disposed off.

( KISHORE C. SANT, J. ) P.S.B.