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Bombay High CourtCA/16135/2015disposed offdismissed for default

Bhausaheb Baburao Sathe And Others v. Executive Director, Krishana Khore Mahamandal And Another

2015-12-11Hon'Ble Shri Justice A.M. Badar1 pages

{1} 959 sr. no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 16135 OF 2015 IN FA/2926/2015 BHAUSAHEB BABURAO SATHE AND OTHERS

VERSUS

EXECUTIVE DIRECTOR, KRISHANA KHORE MAHAMANDAL AND ANOTHER ...

Advocate for Applicants : Mr. Parag Vijay Barde. AGP for Respondent No.2 : Mr. N.B. Patil.

CORAM : A.M. BADAR, J.

DATE : 11th DECEMBER,2015.

PER COURT:

1] This an application for withdrawal of the amount. Learned counsel for the applicants states that in similar appeal, this Court on 16 th October, 2015, has allowed the applicants therein to withdraw the amount on certain conditions. Learned counsel for the non applicants are not disputing this fact. Hence, in view of the earlier order dated 16th October, 2015, passed by this Court in similar application, the following order :- 2] The applicants are allowed to withdraw 50% of the amount deposited on submitting an undertaking to the executing Court that, in the event appeal is allowed and the applicants are directed to deposit the amount, they shall deposit the same within a period of one month. The applicants are further allowed to withdraw 25% of the amount deposited on submitting solvent security/surety of the like amount. 3] Remaining 25% of the amount deposited be kept in fixed deposit of any nationalized bank.

4] The civil application is disposed of. No costs. [A.M. BADAR, J] grt/-