Bhimdeo Rattu Rathod And ORS v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 CIVIL APPLICATION NO.4069 OF 2019 IN FA/3420/2018 WITH CA/4070/2019 IN FA/3421/2018 BHIMDEO RATTU RATHOD AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicants : Mr. Gunale V.D.

AGP for Respondent Nos. 1 to 3 : Mr.S.P. Deshmukh ...

CORAM : SUNIL K.KOTWAL, J.

DATE : 19 th MARCH, 2019 O R D E R :

Heard, learned counsel for applicants and the learned AGP for the State.

2.

Learned AGP opposes these applications for withdrawal of the compensation amount.

3.

Perused the award passed by the Reference Court. After going through the award, I hold that permission can be granted to the applicants to withdraw 50% amount of the compensation with proportionate

ca4069.19 accrued interest thereon subject to filing of the written undertaking in First Appeals to redeposit it as and when directed by this Court.

4.

Out of remaining compensation, 25% amount shall be withdrawn by the applicants on furnishing solvent security or solvent surety for the said amount within the period of eight weeks.

5.

Remaining 25% amount shall be invested in fixed deposit till final hearing of these appeals. 6.

Civil Application Nos. 4069 of 2019 and 4070 of 2019 are disposed of.

[SUNIL K.KOTWAL, J.] mahajansb/