Dhanraj Diwanrao Patil And Others v. The State Of Maharashtra And Others

2025:BHC-AUG:9217-DB 923 CA NO.12926.2024 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 12926 OF 2024 IN CP/559/2017 DHANRAJ DIWANRAO PATIL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicants : Mr. A. B. Kale AGP for Respondents-State : Mr. N. S. Tekale Advocate for Respondent No. 5 to 7 : Mr. A. D. Pawar ...

CORAM : NITIN B. SURYAWANSHI, J. AND MANJUSHA DESHPANDE, J.

Dated : March 28, 2025 PER COURT :- 1.

Heard.

2.

This application is preferred for withdrawal of the entire amount of compensation alongwith interest. 3.

Learned Advocate for respondents strenuously opposed the application pointing out the order dated 03.12.2024 by which this Court permitted the applicants to withdraw the amount of Rs. 1,00,00,000/- (Rs. One Crore) on furnishing the undertaking.

4.

We have perused the order passed by this Court in writ petition which is the subject matter of challenge before the

923 CA NO.12926.2024 -2Hon'ble Apex Court. It is also brought to our notice that though the Special Leave Petition is filed in the year 2018, till date, no stay order in favour of respondents is passed by the Hon'ble Apex Court.

5.

In view of the above, at this stage, we permit the applicants to withdraw 50% of the remaining amount i.e. 50% of Rs. 2,32,50,965/- alongwith proportionate interest on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

6.

Civil application is allowed in above terms.

(MANJUSHA DESHPANDE, J.) (NITIN B. SURYAWANSHI, J.) Omkar Joshi