Popatlal Mohanlal Chordiya v. The Administrator City And Industrial Development Corporation And ORS

1 967

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 967 CIVIL APPLICATION NO.13804 OF 2023 IN FA/4159/2023 WITH CA/9490/2023 IN FA/4159/2023 POPATLAL MOHANLAL CHORDIYA

VERSUS

THE ADMINISTRATOR CITY AND INDUSTRIAL DEVELOPMENT CORPORATION AND ORS ...

Advocate for Applicant: Mr. Bhandari Anand P. AGP for Respondent/State: Mr. N. T. Bhagat Advocate for Respondent No.1: Mr. S. V. Deshmukh ...

CORAM :ARUN R. PEDNEKER, J.

DATE :09th NOVEMBER, 2023 PER COURT:

1.

The learned counsel submits that in the earlier round of the matter, this court has directed deposit of 75% amount out of which 75% was permitted to be withdrawn.

2.

However, learned counsel appearing for the appellant submits that the appeal itself was decided by this court by order dated 28.11.2018, passed in First Appeal No.1794 of 2013 and the same has also been upheld by the Hon'ble Supreme Court.

2 967 3.

In this Appeal, 100% amount is directed to be deposited while granting stay. The connected First Appeal No. 1794 of 2013 is finally decided and the SLP against the order passed therein is also dismissed.

4.

Taking into consideration all the facts, I deem it appropriate to permit the applicant to withdraw 70% of the amount deposited in this court along with accrued interest thereon till date, subject to furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this court.

5.

The civil application for withdrawal of amount stands disposed of.

6.

The interim stay granted by this court stands confirmed. The civil application for stay stands disposed of.

7.

List this matter on 06.12.2023.

[ARUN R. PEDNEKER, J.] marathe