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Bombay High CourtCAO/864/2016ca disposed off

Jaikishor Radhavallabh Sarda And Another v. The State Of Maharashtra Through Collector, Amravati And 2 Others

2016-05-03Hon'Ble Shri Justice A.S. Chandurkar2 pages

905-CAF-3544-15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.3544 OF 2015 IN FIRST APPEAL ST. NO.17067 OF 2015 The State of Maharashtra, Thr. Collector, Amravati and ors. -vs- Jaikishor Radhavallabh Sarda and anr.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Ms N. P. Mehta, AGP for appellant/applicant.

Shri A. J. Gilda, Advocate for respondent Nos.1 and 2. CORAM : A.S.CHANDURKAR, J.

DATE : May 03, 2016 Though the prayer for condoning delay is opposed by the learned counsel for the non-applicants, considering reasons mentioned in the application, the delay stands condoned. Civil application is allowed and disposed of. F.A.St. No.17067 of 2015 Heard. Admit. Call for record and proceedings. Shri A. J. Gilda, the learned counsel waives notice on behalf of respondent Nos.1 and 2.

Civil Application (CAO) No.864 of 2016 The claimants seek permission to withdraw the amount of compensation that has been deposited by the appellant. Perused the judgment of the Reference Court. In the facts of the case, the claimants are permitted to withdraw 50% of the amount deposited on filing undertaking that in

905-CAF-3544-15 2/2 case the appeal is allowed, the amount withdrawn shall be repaid with interest at such rate the Court may direct. Remaining amount is permitted to be withdrawn on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial).

As stated in the application, the amounts are permitted to be withdrawn by applicant No.1.

Civil application is disposed of.

JUDGE Asmita