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Bombay High CourtCA/2122/2016admittedallowedgrantedrule absolute

Balaji Nagnath Wadkar v. The State Of Maharashtra And Others

2016-02-23Hon'Ble Shri Justice T.V. Nalawade2 pages

1 CA 2122 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Civil Application No. 2122 of 2016 In First Appeal No.216 of 2012 Balaji S/o. Nagnath Wadkar.

.. Applicant.

Versus

The State of Maharashtra And Others.

.. Respondents.

-------- Shri. V.G. Sakolkar, Advocate, for applicant. Ms R.P. Gaur, Assistant Government Pleader, for respondent Nos.1 and 3.

Smt. Geeta L. Deshpande, Advocate, for respondent No.2. -------- CORAM: T.V. NALAWADE, J.

DATE : 23rd FEBRUARY 2016 ORDER:

1) The application is filed by the original claimant for permission to withdraw the amount deposited by the acquiring body. Learned counsel for the applicant has produced copy of order made by this Court in Civil Application No.398 of 2016 with connected matters. He submits that similar relief is granted by this Court to other

2 CA 2122 of 2016 claimants. The copy of order is taken on record. Learned counsel for the acquiring body is present. In view of these circumstances, following order is made.

2) Permission is granted to withdraw the amount to the extent of 75% of the amount subject to giving undertaking for depositing the amount if the appellant succeeds. The remaining 25% amount is to be given after giving solvent surety in respect of that amount. In those terms the application is allowed and disposed of. Sd/- (T.V. NALAWADE, J. ) rsl