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Bombay High CourtCA/13005/2018disposed offdismissed for default

Ashok Balaram Bedekar And ANR v. The State Of Maharashtra And ANR

2018-10-31Hon'Ble Shri Justice P.R. Bora2 pages

1 13005.2018.CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

937 CIVIL APPLICATION NO.13005 OF 2018 IN FA/2126/2018 ASHOK BALARAM BEDEKAR AND ANR

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicants : Shri A.S. Kulkarni; AGP for Respondent - State : Shri G.O. Wattamwar; Advocate for Respondent No.2 : Shri A.S. Bajaj. ...

CORAM : P.R. BORA, J.

Dated: October 31, 2018 PER COURT :

1.

Heard the learned Counsel appearing for the respective parties.

2.

The learned Counsel for the Acquiring Body has sought time to file his reply to the present application. However, having considered the fact that, till this date nothing has been paid to the applicants, the learned Counsel for the Acquiring Body was asked to make the submissions as about the objections raised in exception to the impugned Judgment. On hearing the learned Counsel, I deem it appropriate to pass the following order.

2 13005.2018.CA.doc

ORDER

(i) The applicants are permitted to withdraw 25% of the deposited amount without any undertaking and further 25% amount on submitting solvent surety in the like amount to the satisfaction of the Registrar (Judicial) of this Court and balance 50% amount be invested in Fixed Deposit Receipt in any Nationalized Bank initially for the period of two years and if so required, for further period till disposal of the appeal. (ii) Two separate cheques be issued in the names of the respective claimants according to their share. (iii) Civil Application stands disposed of.

(iv) List the matter for admission on 28.11.2018 .

( P.R. BORA, J. ) ...

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