← Library
Bombay High CourtCA/13699/2024admittedallowedgrantedrule absolute

Dhananjay Madhav Kothawale And ANR v. The State Of Maharashtra Thr The Collector, Osmanabad And ORS

2024-12-19Hon'Ble Shri Justice Kishore C. Sant2 pages

Ethape ( 1 ) 12-CA-13697-2024 modified

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 12 CIVIL APPLICATION NO. 13697 OF 2024 IN FA/1442/2023 Shrimant Madhav Kothawale

VERSUS

The State Of Maharashtra Thr. The Collector, Osmanabad And Ors. WITH CIVIL APPLICATION NO. 13699 OF 2024 IN FA/1442/2023 ...

Mr. Sahebrao A. Nagarsoge, Advocate for Applicant. Mr. R. K. Ingole, AGP for Respondent-State.

Mr. A. S. More, Advocate for Respondent No.4 and 5. CORAM : KISHORE C. SANT, J.

DATE : 19th DECEMBER 2024 PC :- 1.

Heard the learned Advocates for the parties.

2.

These applications are for withdrawal of the amount deposited in this Court by the State. The applications are vehemently opposed by the learned AGP. However considering that, the amount is towards compensation of the property acquired by the State, the following order:- This order is speaking to minutes of order dt.14.01.2025.

Ethape ( 2 ) 12-CA-13697-2024 modified

ORDER

(i) Applications are allowed.

(ii) The applicants are permitted to withdraw 50% of the amount deposited in the office of this Court alongwith accrued interest on furnishing usual undertaking.

(iii) Further 25% of the amount is allowed to be withdrawn alongwith accrued interest on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. (iv) Remaining amount be kept in fixed deposit in any nationalized bank pending the appeal.

(v) The amount shall be disbursed in equal share. (vi) Applications stand disposed off.

[KISHORE C. SANT, J.] This order is speaking to minutes of order dt.14.01.2025.