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Bombay High CourtCA/1363/2025admittedallowedgrantedrule absolute

Shaikh Mannan Shaikh Hasan And ORS v. The State Of Maharashtra Through Sub Divisional Officer And ANR

2025-02-07Hon'Ble Shri Justice R. M. Joshi2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 944 CIVIL APPLICATION NO. 1363 OF 2025 IN FA/1859/2023 Shaikh Mannan Shaikh Hasan & others ....Applicants

VERSUS

The State of Maharashtra & another .....Respondents .....

Mr. S. N. Rodge, Advocate for the applicants. Mr. S. B.Jadhav, AGP for the State.

Ms. V. S. Swami, Advocate holding for Mr. M. C. Swami, Advocate for Respondent No. 2.

CORAM : R. M. JOSHI, J.

DATE : 7th FEBRUARY, 2025.

PER COURT :

1.

This is an application for withdrawal of amount of compensation deposited by appellant in this Court. 2.

Learned counsel for applicants/original claimants places reliance on order dated 17.10.2024 passed by coordinate bench of this Court in connected matter bearing Civil Application No. 9498/2024. He seeks same order in this application.

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Learned counsel for respondent does not dispute this fact. Hence, following order :-

ORDER

i) Application is allowed.

ii) Applicants are permitted to withdraw 50% of the amount deposited in this Court along with accrued interest on furnishing usual undertaking. Further 25% of the amount with accrued interest is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. The remaining amount be kept in fixed deposit in any nationalised bank till disposal of the appeal.

( R. M. JOSHI) Judge dyb