Uttam Bhima Vaidhya v. The State Of Maharashtra Through Coollector Aurangabad And ANR

2025:BHC-AUG:2379 67 CA13173.24.odt .IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 67 CIVIL APPLICATION NO. 13173 OF 2024 IN FA/2853/2024 UTTAM BHIMA VAIDHYA

VERSUS

THE STATE OF MAHARASHTRA THROUGH COOLLECTOR AURANGABAD AND ANR ...

Advocate for Applicant : Mr. Kale Yogesh Damodhar AGP for Respondent No. 1 : Mr. V.S. Badakh Advocate for Respondent No. 2 : Mr. Suvarna M. Zaware ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : January 23, 2025 PER COURT :- 1.

The applicant seeks permission to withdraw the amount deposited by the acquiring body in pursuance to the award passed by the reference Court.

2.

Learned Advocate appearing for the applicant invites attention of this Court to the order dated 21.11.2024 passed in companion matters i.e. Civil Application No. 10814/2024 in First Appeal No. 4528/2023 and submits that this Court has permitted 100% withdrawal of the amount where the awards are for smaller amount and even in other cases almost 80 % amount is permitted to be withdrawn on usual undertaking.

3.

Learned Advocate appearing for the respondent although resisted the prayer stating withdrawal of 80 % amount, he did not dispute that earlier order passed by this Court would

67 CA13173.24.odt also applicable in present proceedings.

4.

In that view of the matter, the application is partly allowed. The applicant is permitted to withdraw 80 % of the amount deposited by the acquiring body along with accrued interest on furnishing usual undertaking to satisfaction of (Registrar Judicial) of this Court. The rest of the amount be kept in fixed deposit with any nationalized bank till disposal of appeal. Application stands disposed of.

( S. G. CHAPALGAONKAR ) JUDGE spc-