M.I.D.C. Through Its Chief Executive Officer, Amravati v. Santoshkumar S/O Navalkishorji Kothari And Others
1 / 2 40. CAF 2494.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 2494 OF 2022 IN FIRST APPEAL NO. 463 OF 2022 IN LAC NO. 407 OF 1997 Maharashtra Industrial Development Corporation, Amravati Vs.
Santoshkumar s/o Nanvalkishorji Kothari and Ors. ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
---------------------------------------------------------------------------------------------- Mr. M.M. Agnihotri, Advocate for applicant.
Mr. M.G. Sarda, Advocate for respondent Nos.1 to 3. Ms.Mayuri Deshmukh, APP for respondent No.4.
CORAM : VINAY JOSHI, AND VALMIKI SA MENEZES, JJ.
DATE : 25.01.2023.
This is an application filed by respondents(claimants) seeking withdrawal of amount deposited by appellant in pursuance of land acquisition awards.
2.
The application is resisted by acquiring body on the count that the reference Court has awarded exorbitant compensation and thus, it is not desirable to permit entire withdrawal. It is submitted that the applicant has fair chance to succeed in the appeal.
Prity
2 / 2 40. CAF 2494.2022 3.
On the other hand, learned counsel for the applicant would submit that the reference Court has properly assessed the material and this Court has permitted in like petition entire withdrawal. 4.
Considering the submissions, as well as the reasons assigned by the reference Court at present, respondents (claimants) Nos.1 to 3 are permitted to withdraw 50% of the deposited amount on usual undertaking and 25% on furnishing solvent surety to the satisfaction of Registry of this Court. 5.
As per respondents' request the amount be disbursed in equal share to respondent Nos.2 and 3 only as respondent No.1 has assigned his rights in favour of respondent Nos.2 and 3.
6.
Application stands disposed of.
First Appeal Nos.463/2022 Applicant is permitted to file a private paper-book.
JUDGE JUDGE Signed By:PRITY S GABHANE Reason:
Location:
Prity