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Bombay High CourtCAF/4646/2017admittedallwdgrantedrule absolute

The State Of Maha. Through Collector, Amravati And Dy. Director Of Accounts And Rreasurer, Amravati v. Smt. Pushpa Wd/O Suresh Bakhade And Others

2017-12-07Hon'Ble Shri Justice P.N. Deshmukh2 pages

0712caf4646.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.4646 OF 2017 IN FIRST APPEAL NO.1116 OF 2009 (The State of Maharashtra vs. Smt. Pushpa wd/o Suresh Bakhade and others) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Smt. M. Naik, Assistant Government Pleader for applicant.

Shri Chatterjee, Advocate for respondent no.9. -------- CORAM : P.N. DESHMUKH, J.

DATED : DECEMBER 7, 2017 Heard Smt. Naik, learned Assistant Government Pleader for applicant, and Shri Chatterjee, learned Counsel for respondent no.9. None for respondent nos.1 to 8 though appear to be served. By this application, applicant prays for permission to withdraw amount of Rs.1,95,236/- deposited towards interest on the amount. It is submitted that appeal is finally decided and respondent nos.7 to 9 are saddled with liability to pay 3/4th amount of compensation, which amount has been deposited by said respondents and same is withdrawn by applicant. However, amount of Rs.1,95,236/-, which is deposited by respondent nos.7 to 9 towards interest since remained to be withdrawn as deposited subsequently, present application is filed.

Shri Chatterjee, learned Counsel for respondent no.9, has not disputed above statements, which are found substantiated from the copy of

0712caf4646.17 2/2 judgment in First Appeal No. 1116/2009 and subsequent orders dated 20/7/2016 and 27/4/2017 of this Court, copies of which are taken on record.

In the circumstances, civil application is disposed of as allowed.

JUDGE khj