Bombay High CourtCA/13608/2018disposed offdismissed for default

Gopinath Laxman Mane Died Thr His Lrs Vijaykumar v. The State Of Maharashtra And ANR

2018-11-01Hon'Ble Shri Justice P.R. Bora2 pages

{1} 985 CA 13608 OF 2018 & ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 985 CIVIL APPLICATION NO. 13608 OF 2018 IN FA/726/2018 GOPINATH LAXMAN MANE DIED THR HIS LRS VIJAYKUMAR GOPINATH MANE

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

WITH CA/436/2017 IN FA/697/2018 WITH CA/13609/2018 IN FA/728/2018 WITH CA/13610/2018 IN FA/727/2018 WITH CA/13611/2018 IN FA/697/2018 ...

Advocate for Applicants : Shri Gajanan K. Sontakke AGP for Respondent - State : Shri P.M.Kulkarni Advocate for Respondent No.2 : Shri Sunita D. Shelke ...

CORAM : P.R.BORA, J.

DATE: 1st November, 2018 PER COURT:- When the present matters is taken up for hearing, the learned Counsel for the applicants tendered across the bar a copy of the order passed by this Court (Coram: Shri K.K.Sonawane, J.) on 03.07.2018 in Civil Application No.8141 of 2018 and connected matter. Vide the said order, this Court has permitted the claimants therein to withdraw 50% of the deposited amount on furnishing an undertaking, 25% of the amount on furnishing solvent surety/security in the like amount, and 25% of amount is directed to be invested in Fixed Deposit Receipt. The learned Counsel prayed for passing similar order in the present matters.

The learned Counsel for the Acquiring Body has conceded for passing such order.

{2} 985 CA 13608 OF 2018 & ORS. In view of the submissions so made, the following order is passed:-

ORDER

I) The applicants are permitted to withdraw 50% of the deposited amount on furnishing an undertaking to the satisfaction of the Registrar (Judicial) of this Court. II) The applicants are permitted to withdraw 25% of the deposited amount on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.

III) Balance 25% of the deposited amount be invested in the Fixed Deposit Receipt in any Nationalized Bank till disposal of the appeal. IV) Civil applications for withdrawal of the amount stand disposed of.

(P.R.BORA) JUDGE SPT