Raghunath Baburao Mehtre v. The State Of Maharashtra And Another

1 CA818.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 818 OF 2016 IN FIRST APPEAL NO. 2184 OF 2014 Jyotiram Saudagar Kachare .. Applicant

Versus

The State of Maharashtra and another .. Respondents Mr. Mahesh S. Patil, Advocate for the Applicant. Mrs. M. A. Deshpande, A. G. P. for the Respondent / State. WITH CIVIL APPLICATION NO. 809 OF 2016 CIVIL APPLICATION NO. 810 OF 2016 CIVIL APPLICATION NO. 811 OF 2016 CIVIL APPLICATION NO. 812 OF 2016 CIVIL APPLICATION NO. 813 OF 2016 CIVIL APPLICATION NO. 814 OF 2016 CIVIL APPLICATION NO. 819 OF 2016 CIVIL APPLICATION NO. 820 OF 2016 CIVIL APPLICATION NO. 821 OF 2016 CIVIL APPLICATION NO. 822 OF 2016 CIVIL APPLICATION NO. 823 OF 2016 CORAM :

S. V. GANGAPURWALA AND K. K. SONAWANE, JJ.

DATE : 01ST APRIL, 2016.

PER COURT :- 1.

These are applications for withdrawal of the amount deposited by the non applicant. This Court had directed the non applicant to deposit 50% of the enhanced compensation amount. 2.

The learned A. G. P. opposes the application on the ground that exorbitant compensation has been awarded by the Reference Court.

2 CA818.16 3.

We have considered the amount of enhancement. Today the award is in favour of the applicants. It would be in nobodies interest to keep the amount idle.

4.

Considering the above we pass the following order -

ORDER

A] The applicants are allowed to withdraw 50% of the amount deposited on furnishing an undertaking to this Court that in event the applicants are directed to deposit the amount the applicants would deposit the same within one (1) month.

B] The applicants are allowed to withdraw remaining 50% of the amount deposited on furnishing solvent security / surety or bank guarantee of any Scheduled Bank.

5.

Civil applications are accordingly disposed of. [ K. K. SONAWANE, J. ] [ S. V. GANGAPURWALA, J. ] sam/April.16