Vishwanath Nagnath Gabane v. The State Of Maharashtra And ORS

914W.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO. 13910 OF 2017 IN FA/2288/2015 WITH CA/13912/2017 IN FA/2291/2015 WITH CA/13914/2017 IN FA/2289/2015 WITH CA/13915/2017 IN FA/2287/2015 WITH CA/13916/2017 IN FA/2290/2015 SUNANDA NAGNATH GABANE

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicants : Mr. Patil Laxmikant C. AGP for Respondent No. 1 : Mr. S.M. Ganachari. Advocate for Respondents No. 2 and 3 : Mr.A.N. Gaddime.

CORAM

: K. L. WADANE, J.

DATE :

8th December, 2017 ORDER:

1.

Heard both the sides.

2.

Learned counsel for the applicants submits that by order dated 16th September 2017, passed in Civil Application No. 12359 of 2016 in First Appeal No. 267 of 2016, this Court has permitted the applicants therein to withdraw the amount of compensation deposited before this Court on certain conditions. Those applications are also arise from the same Award. 3.

Learned Counsel for the respondent/Acquiring Body has also not disputed the position.

4.

In view thereof, I deem fit it appropriate to allow the applicant/s (original claimant/s) to withdraw 1/2

914W.odt 50% of the amount of compensation deposited by the respondent/Acquiring Body on submitting an undertaking that in the event, any adverse order is passed against them and amount of compensation is decreased, they will redeposit the said amount within two months thereafter. Balance 50% amount is permitted to be withdrawn by furnishing a bank guarantee from Nationalized or Scheduled Bank in the like amount.

5.

Accordingly, Civil Applications for withdrawal of amount stand disposed of.

(K.L.WADANE,J.) mkd 2/2