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Bombay High CourtCA/16960/2022disposed off

Bhimrao Dattu Dudhbhate (Died) Thr Lrs. Kaushalaya Bhimrao Dudhbhate And ORS v. The Executive Engineer, M.I.D. Osmanabad Thr Gmidc Aurangabad And ANR

2023-01-20Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 914 CA-16960.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO.16960 OF 2022 IN FAST/9752/2016 BHIMRAO DATTU DUDHBHATE (DIED) THROUGH LRS KAUSHALYA BHIMRAO DUDHBHATE AND OTHERS

VERSUS

THE EXECUTIVE ENGINEER, M.I.D. OSMANABAD THROUGH GMIDC AURANGABAD AND ANOTHER ...

Mr. Vikas Tanwade, Advocate for applicants Mr. Sudhir Bhalerao, Advocate for respondent No.1. Mr. A.B. Chate, A.G.P. for respondent No.2.

...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

20th January 2023.

ORDER:- 1.

Heard rival submissions. The applicants are seeking permission to withdraw the entire amount of compensation which has been deposited by the Acquiring Body. However, this Court vide various orders in other connected matters, has permitted the applicants therein to withdraw only 70% of the deposited amount.

2.

In view of the above, the applicants herein are permitted to withdraw 70% of the deposited amount alongwith proportionate accrued interest thereon till date, by furnishing usual undertaking before Registrar (Judicial) of this Court. The remaining 30% amount be invested in F.D.R. in any

(2) 914 CA-16960.2022.odt Nationalized Bank on yearly renewal basis, till final disposal of the appeal.

3.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde