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Bombay High CourtCA/15483/2023admittedallowedgrantedrule absolute

Narayan Raoji Dutonde v. The State Of Maharashtra Through The Collector Aurangabad And ORS

2024-01-05Hon'Ble Shri Justice R. M. Joshi2 pages

2024:BHC-AUG:170 903-CA-15483-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15483 OF 2023 IN FA/1033/2015 Narayan Raoji Dutonde ....Applicant

VERSUS

The State Of Maharashtra Through The Collector Aurangabad And Ors .....Respondent .....

Mr. A. H. Koralkar, Advocate for Applicant Mr. D. B. Bhange, AGP for Respondent Nos. 1 and 2 Mrs. K. B. Bharaswadkar, Advocate for Respondent No. 3 ...

CORAM:R.M. JOSHI, J DATE :JANUARY 05, 2024 PER COURT :

1.

This application is moved for withdrawal of remaining 25% decretal amount deposited by Respondent No. 3 in this Court along with interest accrued thereon.

2.

Learned Counsel for Applicant placed reliance on order passed by this Court dated 21.12.2021 in CA/12629/2021 in FA/1038/2015. It is his contention that this order has been passed in respect of same land acquisition. This fact is not disputed by the Counsel for original Appellant.

903-CA-15483-2023.odt 3.

In view of order passed by this Court in similarly placed proceedings, Applicant is permitted to withdraw further 20% amount under the impugned award with interest accrued thereon on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. Civil application is disposed of.

(R. M. JOSHI, J.) Malani