Rambhau Narayan Patil Died Lrs. Shivaji Rambhau Patil (Wagh) And Others v. Midc Thr Divnl Officer Nashik And Others

ca6139-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD C.A. NO. 6139/2014 IN FIRST APPEAL NO. 199/2015 (Rambhau Narayan Patil, Since deceased, through L.Rs. Shivaji Rambhau Patil (Wagh) and others Vs. M.I.D.C. and others) ---- Mr. B.R. Waramaa, Advocate for the applicants Mr. S.S. Dande, Advocate for respondent No.1 ---- CORAM : M.T. JOSHI, J.

DATE : 11/03/2015 ORAL ORDER :

1.

Heard both sides.

2.

Mr. B.R. Waramaa, learned counsel for the applicants, files on record the true copy of the order dated 13th December, 2013, passed by this court in Civil application No. 15346/2013 in First Appeal St. No. 22826/2012 and another civil application. The same is accepted on record and marked "X" for the purpose of identification.

3.

It is an admitted fact that the present appeal has also arisen out of the same group in which the above mentioned order dated 13th December, 2013 is passed by

ca6139-2014 this Court. In the circumstances, similar order is passed in the present civil application, as under:- 4.

The applicants are allowed to withdraw 25% of the amount deposited on submitting an undertaking to this Court that in the event the applicants are required to deposit the said amount, they would deposit the said amount within one (1) month of such order. Further, the applicants are allowed to withdraw 50% of the amount on furnishing solvent security of like amount. The remaining amount be kept in fixed deposit in any Nationalized Bank.

.

The amount which is now allowed to be withdrawn, be transmitted to the Reference Court. 5.

The present civil application is accordingly disposed.

[M.T. JOSHI] JUDGE npj/ca6139-2014