M/S Dharm Pal Madhar v. Union Of India
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$/ # ) = ,-.12.3(& "б. Having heard counsel for the parties, this Court is of the view that the condition of furnishing bank guarantee imposed by the learned Additional District Judge is harsh and oppressive. Imposition of such a condition by the Court, practically amounts to deposit of cash, which cannot be approved of. Moreover, in similar circumstances, Hon'ble Supreme Court while modifying the order passed by this Court in Teja Singh's case (supra), has permitted the landowners to withdraw 50%
of the deposited amount, subject to their furnishing adequate security to the satisfaction of the Court concerned.
7. Accordingly, order dated 04.05.2024, Annexure P5, passed by learned Additional District Judge is modified. Instead of furnishing bank guarantee, it is directed that the landowners shall furnish adequate security for the amount released to them to the satisfaction of the Executing Court. The other conditions imposed by the learned Additional District Judge shall remain intact." < !" . ( 0 .
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