Bombay High CourtCA/6682/2024admittedallowedgrantedrule absolute

Shivaji Dama Kambale v. The State Of Maharashtra Through The Collector, Osmanabad And ORS

2024-07-11Hon'Ble Shri Justice Kishore C. Sant2 pages

2024:BHC-AUG:14119 ( 1 ) ca6682.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 24 CIVIL APPLICATION NO. 6682 OF 2024 IN FAST/20318/2021 SHIVAJI DAMA KAMBALE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND ORS CIVIL APPLICATION NO. 6685 OF 2024 IN FAST/19845/2021 PRAMOD KADAJI KAMBALE

VERSUS

THE STATE OF MAHARASHTRA THR THE COLLECTOR, OSMANABAD AND ORS CIVIL APPLICATION NO. 6689 OF 2024 IN FAST/20321/2021 GOROBA NAGANATH KAMBALE (DIED) THR LRS VACHALABAI AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND ORS Ms.L.R. Thakur h/f. Mr. L.C. Patil, Advocate for the applicants. Ms.A.S. Mantri, AGP for the respondent/State. Mr.Aniket V. Wadwale h/f. Mr. Anil M. Gaikwad, Advocate for respondent No.3.

CORAM

: KISHORE C. SANT, J.

DATED : 11.07.2024 PC :- 01.

Heard learned Advocates for the parties. These applications are filed for withdrawal of the amount of compensation deposited by the Acquiring Body - appellant in this Court. The learned Advocate for the applicant produced on record copy of order dated 09.03.2023 passed in Civil Application No. 1816 of 2023 and connected applications, arising out of the same proceeding. This Court by the said order permitted to withdraw 75% of the deposited amount on furnishing usual undertaking and 25% amount on

( 2 ) ca6682.24 furnishing security. It is pointed out that in CA No.1816 of 2023 and connected applications only 75% amount of the award was deposited. In the present case 100% amount as per award is deposited in this Court. 02.

In view of the above, the following order :-

ORDER

(i) The applicants are permitted to withdraw 50% of the deposited amount along with accrued interest on giving usual undertaking in this Court. Further 25% of the deposited amount along with accrued interest is permitted to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court.

(ii) The balance amount shall be deposited in the fixed deposit of any nationalized bank to be renewed from time to time till final disposal of the appeal.

(iii) The civil applications are accordingly allowed and are disposed off.

[KISHORE C. SANT, J.] snk/2024/JUL24/ca6682.24