The State Of Maharashtra Thr. Its Collector, Wardha And 2 Others v. Hitesh Deoraj Gosar, And 3 Others

caf.1666.15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.1666 of 2015 in First Appeal No.1026 of 2014 (The State of Maharashtra, through its Collector, Yavatmal and others vs.

Hitesh Deoraj Gosare and others) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri R.J. Mirza, Advocate for the Applicants/Respondents. Mrs. S.S. Jachak, A.G.P. for the Non-Applicants/Appellants. CORAM : B.R. GAVAI & A.S. CHANDURKAR, JJ.

DATE : 11 th MARCH, 2016.

This is an application filed for withdrawal of the decretal amount deposited by appellant No.2 in this Court. While allowing the civil application for stay, this Court vide order dated 08/12/2014 granted stay to the effect and operation of the impugned award subject to depositing 75% of the decretal amount in this court.

Taking into consideration the reasons given in the impugned judgment, we find that the respondents-claimants can be permitted to withdraw 50% of the decretal amount deposited by the appellant in this Court without furnishing surety. However, insofar as the remaining 50% amount is concerned, the same is permitted to be withdrawn only on the respondentsclaimants furnishing a solvent surety to the satisfaction of the

caf.1666.15 2/2 Registrar (Judicial) and filing an undertaking to the effect that in the event, if this Court directs to refund the said amount, same shall be refunded within the period specified by this Court. JUDGE JUDGE *sdw