Ananda Rambhau Matsagar v. Officer In-Charge, Office Of M.I.D.C., Aurangabad And ORS

{1} CA 805 OF 2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 CIVIL APPLICATION NO.805 OF 2020 IN FA/106/2019 ANANDA RAMBHAU MATSAGAR

VERSUS

OFFICER IN-CHARGE, OFFICE OF M.I.D.C.,AURANGABAD AND ORS ...

Advocate for Applicant : Mr.Abhishek M.Hajare Advocate for Respondents No.1 to 3 : Mr. Shrirang S. Dande AGP for Respondent No.4 : Mr.Y.G.Gujrathi ...

CORAM : K. K. SONAWANE, J.

Date: January 23, 2020 ...

PER COURT :- 1.

Heard learned counsel for the applicant-claimant and learned counsel for the respondent-Acquiring Body. Perused the application seeking permission for withdrawal of compensation amount deposited in this Court.

2.

In view of the reasons mentioned in the application, there is no impediment to allow the application for withdrawal of some portion of the amount of compensation deposited in this Court, on certain conditions. It would not cause any injustice or prejudice to respondent-Acquiring Body. Hence, the applicantclaimant is hereby permitted to withdraw 50% of the amount of compensation deposited in this Court on furnishing undertaking to the efect that in case any adverse situation arises after success of the appellant-Acquiring Body in this case, the

{2} CA 805 OF 2020 applicant-claimant would refund the entire amount forthwith as per directions of this Court. The applicant-claimant is further permitted to withdraw 25% of the balance amount of compensation on furnishing solvent surety to the satisfaction of the Registrar (Judicial) of this Court. Remaining 25% of compensation amount be invested in Fixed Deposit Receipt in any Nationalized or Scheduled Bank for a period of two years or till disposal of the present appeal, whichever is earlier. 3.

Registry to do the needful for disbursement of the amount as indicated above.

4.

Accordingly, the application stands disposed of. ( K.K.SONAWANE ) JUDGE SPT