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Bombay High CourtCA/583/2020disposed off

Kalidas Kashinath Wadane (Died) Thr Lrs Nilawati And ORS v. The Maharashtra Krushna Valley Development Corporation, Thr Executive Engineer And ORS

2020-10-19Hon'Ble Shri Justice V.K. Jadhav2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 5 CIVIL APPLICATION NO.583 OF 2020 IN FA/2617/2017 KALIDAS KASHINATH WADANE AND ORS

VERSUS

THE MAHARASHTRA KRUSHNA VALLEY, THR EXECUTIVE ENGINEER AND ORS ...

Advocate for Applicants : Mr. Chavan P. S.

AGP for Respondent No.2-State : Mr. S. P. Deshmukh. Advocate for Respondent Nos.1 & 3 : Mr. Anil M. Gaikwad. ...

CORAM : V. K. JADHAV, J.

DATE : 19.10.2020 PER COURT :- 1.

Heard both the sides.

2.

The applicants are the original claimants seeking withdrawal of amount of the compensation deposited before this Court pursuant to the judgment and award passed by the reference court.

3.

The learned counsel for the applicants has pointed out that in the similarly placed applicants / original claimants, this Court (Coram : Mangesh S. Patil, J.) has allowed them to withdraw 75 % of the amount of compensation subject to

certain terms and conditions. The same order may kindly be passed in respect of the present applicants.

4.

The learned counsel Mr. Gaikwad appearing for the respondent Nos.1 and 3 - Aquiring Body has no objection if the same order is passed in respect of the present applicants. 5.

In view of the same, the applicants are allowed to withdraw 75 % of the amount of compensation deposited in this Court, out of which 50 % by furnishing an undertaking in usual terms and 25 % by furnishing solvent security. 6.

The application is accordingly disposed off.

(V. K. JADHAV, J.) ...

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