Ramesh Narayanrao Pande @ Laturkar v. The Chief Officer, Maharashtra Housing And Area Development, Aurangabad And ANR

1 929CA543.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO. 543 OF 2024 IN FA/5137/2017 Ramesh Narayanrao Pande @ Laturkar

VERSUS

The Chief Officer, Maharashtra Housing And Area Development, Aurangabad And Anr ...

Mr. Suraj V. Gundre - Advocate for Applicant Mrs. V. S. Chaudhari - AGP for Respondents Mr. B. V. Virdhe - Advocate for respondent no. 1 ...

WITH FIRST APPEAL NO. 5136 OF 2017 WITH FIRST APPEAL NO. 1538 OF 2008 WITH CIVIL APPLICATION NO. 544 OF 2024 IN FA/1013/2017 ....

CORAM : R. G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATED : 02ND FEBRUARY, 2024 PER COURT : - 1.

This is an application for withdrawal of the amount deposited by the Acquiring Body in the Appeal. 2.

We have heard both the sides.

3.

It is not disputed that initially the Acquiring Body had deposited an amount of Rs. 3,58,34,254/- in this Court. Vide order

2 929CA543.2024.odt dated 24.01.2019 passed by this Court, the applicant/claimant was allowed to withdraw the entire amount. The Acquiring Body has deposited the remaining amount of Rs. 5,40,51,281/- in this Court. The total amount deposited by the Acquiring Body comes to Rs.8,98,85,535/-.

4.

On hearing the parties, we allow the applicant to withdraw an amount of Rs. 1,00,00,000/- (Rupees One Crore) out of the total amount deposited subsequently, on same terms and conditions as were imposed earlier.

5.

Civil Application No. 543 of 2024 is accordingly disposed of.

[NEERAJ P. DHOTE] [R. G. AVACHAT] JUDGE JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 06/02/2024 12:38:44