Sagar Suresh Deshpande And ANR v. Daulat Sonaji Khadke Dead Thr Lrs Kusimbai Daulat Khadke And ORS

(1) CA No.13342/2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 13342 OF 2018 IN FIRST APPEAL NO. 1969 OF 2018 Sagar Suresh Deshpande & anr.

Applicants.

Versus

Daulat Sonaji Khadke (Died) Through LRs and others.

Respondents.

*** Mr. S.R. Deshpande, Advocate for the applicants. Mr. R.V. Gore, Advocate for the respondents.

*** CORAM : SUNIL K. KOTWAL,J.

Dated :

5th December 2018.

ORDER :- .

This is an application for withdrawal of amount. 2.

Heard learned Counsel for the applicants and respondent Nos.2 and 3. I have gone through the award whereby the applicants are directed to pay compensation of Rs. 12,28,000/- with interest at the rate of 9% per annum from the date of filing of petition. Till today the appellants have deposited only Rs.12,25,000/- towards compensation amount.

(2) CA No.13342/2018 3.

Learned Counsel for the respondents objected withdrawal application and in the alternate submits that applicants may be permitted to withdraw only 50% amount. 4.

Learned Counsel for the applicants has pointed out that both the applicants are in need of money for pursuing their further education. Considering this difficulty, permission is granted to the applications to withdraw entire deposited amount of Rs.12,25,000/-, subject to filing of written undertaking in this Court to deposit the withdrawal amount as and when directed by this Court. The written undertaking be filed within four weeks from the date of passing of this order.

5.

Civil Application is disposed of.

( SUNIL K. KOTWAL) JUDGE vdd/