Bombay High CourtCAF/470/2015admittedallwdgrantedrule absolute

Maharashtra Industrial Development Corporation Thr. Chief Executive Officer v. Ramesh S/O Dada Jain, (Since Deceased) Through Lrs Smt. Asha Wd/O Ramesh Jain, And Others

2015-03-24Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Sunil B. Shukre2 pages

2403caf470.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) 470 OF 2015 IN FIRST APPEAL NO. 1102 OF 2014 (Mah. Industrial Development Corporation Vs. Ramesh Dada Jain through Lrs. & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M. M. Agnihotri, Advocate for the appellant. Shri S. C. Bhalerao, Advocate for respondent No.1. Shri N. R. Rode, A.G.P. for respondent Nos. 2 to 4. CORAM : B. P. DHARMADHIKARI AND S. B. SHUKRE, JJ.

DATED : 24 MARCH, 2015 The respondents-land owners have sought leave to withdraw the amount of land acquisition compensation deposited by the appellant with the Registry of this Court.

It is not in dispute that entire amount as awarded by the Reference Court, i.e. an amount of Rs.97,12,876/- has been deposited by the appellant.

Shri Bhalerao, learned Counsel upon instructions, states that 50% of the amount deposited should be allowed to be withdrawn while remaining 50% should be invested in any Nationalized Bank for fixed period.

2403caf470.15.odt Learned Counsel for the appellant has no objection to this proposal. He, however, submits that withdrawal should be permitted subject to proper undertaking.

In this situation, 50% of the amount deposited is allowed to be withdrawn by the respondents-land owners while remaining amount shall be invested in any Nationalized Bank initially for a period of three years.

The amount shall be allowed to be withdrawn after respondents-land owners file an undertaking to the effect that in case the appeal is allowed and they are directed to refund the amount withdrawn, same shall be returned with such interest as ordered, within six months of such order. The undertaking be furnished within six weeks from today.

Application is accordingly partly allowed and disposed of.

JUDGE JUDGE wwl