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Bombay High CourtCAF/4398/2019admittedallwdgrantedrule absolute

Maharashtra Industrial Development Corporation, Amravati Through Its Chief Executive Officer v. Sharadkumar Kedarnath Agrawal And 2 Others

2019-12-13Hon'Ble Shri Justice Vinay Joshi2 pages

Order 1312caf4398.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.F.NO. 4398/2019 IN F.A. NO. 547/2019.

MIDC -VERSUSSharadkumar Kedarnath Agrawal and others. C.A.F.NO. 4399/2019 IN F.A. NO. 548/2019 & C.A.F.NO. 4400/2019 IN F.A. NO. 549/2019.

MIDC -VERSUSKedarnath Gangadhar Agrawal 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 S.Thakare, Advocate h/f. Shri M. Agnihotri, Advocate for the Appellant.

Shri S.S. Sarda, Advocate for Respondent /claimant. Ms. M.A. Barabde, A.G.P. for Respondent / State. CORAM : VINAY JOSHI, J.

DATE : 13.12.2019.

Heard.

2.

Respondents/claimants are seeking withdrawal of compensation amount. The appellant is opposing said withdrawal.

3.

Claimants have filed copy of orders passed by this Court in Civil Application No.25386/2019 in First Appeal No. 782/2017 dated 05.07.2019, to show

Order 1312caf4398.19 that this Court has permitted 75% withdrawal in the matter arising out of the same award and same village. 4.

Considering said aspect and looking to the grounds mentioned in the applications, the same are allowed. The claimants are permitted to withdraw 50% amount deposited by the appellant, on furnishing usual undertaking and 25% amount is permitted to be withdrawn on furnishing solvent surety to that extent, to the satisfaction of the Registrar (Judicial) of this Court. Civil Applications are accordingly allowed and disposed of. No cost.

.........

First Appeal Nos. 546, 547, 548 and 549 of 2019. Heard.

2.

Admit.

Learned Counsel for respective parties waive notice on merit.

JUDGE Rgd.