Pandit Ashruba Mane (Died) Thr Lrs Padmini And ORS v. The State Of Maharashtra And ANR

1 ca 14894.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14894 OF 2017 IN FIRST APPEAL NO. 646 OF 2011 Pandit Ashruba Mane (died) Through his legal heirs Padmini Pandit Mane and others .. Applicants

Versus

The State of Maharashtra and another .. Respondents Mr. D. R. Jayabhar, Advocate for the Applicants. Mr. P. S. Patil, Addl. G. P. for Respondent No. 1. Mr. T. B. Bhosale, Advocate for Respondent No. 2. CORAM: S. V. GANGAPURWALA, J.

DATE:

st FEBRUARY, 2019 PER COURT :

1.

The applicants seek modification of the order dated 10.08.2012. In the said order, I had allowed withdrawal of 50% of the amount on undertaking and remaining 50% on bank guarantee.

2.

I have heard Mr. Jayabhar, learned Advocate for the applicants and the learned Additional Government Pleader.

2 ca 14894.17 3.

Considering the enhancement granted by the reference Court I had passed the order allowing 50% of the amount deposited to be withdrawn by the claimants on undertaking and remaining 50% on Bank guarantee. That was to safeguard the interest of the non-applicants also, and also considering the enhancement that was granted coupled with the evidence on record. The applicants may request for deciding the first appeal expeditiously.

4.

In the light of above, the civil application is disposed of.

[S. V. GANGAPURWALA, J.] marathe