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Bombay High CourtCA/5451/2019disposed offdismissed for default

Babarao @ Baba Hanmanta Marewad (Died) Thr Lrs Ashok v. The State Of Maharashtra And ANR

2019-04-26Hon'Ble Shri Justice Sunil K. Kotwal2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO.1468 OF 2019 IN FA/2492/2018 WITH FA/2493/2018 WITH FA/2495/2018 WITH FA/2496/2018 WITH FA/2499/2018 WITH FA/2500/2018 WITH FA/2692/2018 WITH FA/2694/2018 WITH FA/1396/2019 WITH FA/1397/2019 WITH CA/1466/2019 IN FA/2497/2018 WITH CA/1467/2019 IN FA/2494/2018 WITH CA/1469/2019 IN FA/2498/2018 WITH CA/5429/2019 IN FA/1387/2019 WITH CA/5430/2019 IN FA/1388/2019 WITH CA/5431/2019 IN FA/1389/2019 WITH CA/5432/2019 IN FA/1390/2019 WITH CA/5433/2019 IN FA/1391/2019 WITH CA/5435/2019 IN FA/1392/2019 WITH CA/5436/2019 IN FA/1393/2019 WITH CA/5438/2019 IN FA/1394/2019 WITH CA/5440/2019 IN FA/1395/2019 WITH CA/5445/2019 IN FA/2693/2018 WITH CA/5446/2019 IN FA/2691/2018 WITH CA/5447/2019 IN FA/2695/2018 WITH CA/5448/2019 IN FA/2809/2018 WITH CA/5449/2019 IN FA/2715/2018 WITH CA/5450/2019 IN FA/2742/2018 WITH CA/5451/2019 IN FA/2713/2018 NAGNATH PANDURANG SAUDAGAR

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicants : Mr.Pawar Balasaheb K. AGP for Respondent No. 1: Mr.R.B. Bagul Advocate for Respondent No.2 : Mr. B.R. Surwase ...

CORAM : SUNIL K.KOTWAL, J.

DATE : 26 th APRIL, 2019 O R D E R :

Heard learned counsel for applicants and learned counsel for the Acquiring Body.

2.

It is pointed out that some mistake has been committed by the Reference Court while awarding the

ca1468.19 compensation amount on the basis of the award passed in L.A.R.No. 40 of 2007.

3.

It is needless to say that at this premature stage, I need not express my opinion on merits of the matter. However, considering the above submission, it is desirable to allow the applicants to withdraw 50% amount of the compensation, subject to filing written undertaking in respective First Appeals, within a period of eight weeks from the date of passing of this order, to re-deposit the withdrawn amount as and when directed by this Court. The balance 50% amount of compensation shall be invested in fixed deposit in any Nationalized Bank, till final hearing of the First Appeals.

3.

Civil Applications are accordingly allowed and disposed of.

[SUNIL K.KOTWAL, J.] npj/