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Bombay High CourtCA/347/2019disposed offdismissed for default

Dagdu Shankar Khandalkar v. The State Of Maharashtra And ORS

2019-01-07Hon'Ble Shri Justice P.R. Bora2 pages

1 347.2019.CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

52 CIVIL APPLICATION NO.347 OF 2019 IN FA/1165/2018 DAGDU SHANKAR KHANDALKAR

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : Shri Laxmikant C. Patil AGP for Respondent - State : Shri S.J. Salgare Advocate for Respondent No.3 : Shri A.N. Gaddime ...

CORAM : P.R. BORA, J.

Dated: January 07, 2019 PER COURT :

1.

The learned Counsel for the applicant at the outset pointed out that, in the companion matters this Court has passed an order on 02.11.2018. Copy of said order is tendered across the bar by the learned Counsel. The learned Counsel has prayed for passing the similar order in the present matter also. The learned Counsel appearing for the Acquiring Body and the learned AGP appearing for the respondents - State do not have any objection for passing such order. In view of the submissions made, the following order is passed.

ORDER

(i) The applicant is permitted to withdraw 50% of the deposited amount, on submitting an undertaking to the

2 347.2019.CA.doc satisfaction of the Registrar of this Court. The applicant is also permitted to withdraw 25% of the amount on furnishing solvent surety/security in the like amount to the satisfaction of Registrar of this Court.

(ii) Balance 25% amount be invested in Fixed Deposit Receipt in any nationalized Bank, initially for the period of two years and if so required, for the further period till disposal of the appeal.

(iii) The Civil Application stands disposed of.

( P.R. BORA, J. ) ...

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