Anant Tukaram Birajdar vs The State Of Maharashtra And Anr
2016 Latest Caselaw 5761 Bom

                                            {1}
                                                                      12 & 13 sr. nos..odt

                      IN THE HIGH COURT OF JUDICATURE OF BOMBAY




                                                                               
                                 BENCH AT AURANGABAD

                             CIVIL APPLICATION NO. 12889 OF 2016




                                                       
                                        IN FA/342/2015

                                 VITTHAL TUKARAM BIRAJDAR
                                             VERSUS
                             THE STATE OF MAHARASHTRA AND ANR




                                                      
                                               ...
                                              with
                             CIVIL APPLICATION NO. 12891 OF 2016
                                        IN FA/343/2015




                                           
                                 ANANT TUKARAM BIRAJDAR
                               ig         VERSUS
                           THE STATE OF MAHARASHTRA AND ANR
                                             ...
                         Advocate for Applicant : Mr.N.B. Khandare
                             
                         AGP for Respondent No.1:Mr.S.G. Karlekar.
                         Adv. For respondent No.2 : Mr. S.S. Dande.
      


                                            ...
   



                                          CORAM : R.M. BORDE &
                                                  K.K. SONAWANE, JJ.

DATE : 30TH SEPTEMBER, 2016.

PER COURT:

1] Heard.

2. These are the applications seeking withdrawal of amount

deposited by the M.I.D.C. in this Court towards enhanced compensation.

Considering the contentions raised by the applicants, the applications

need to be allowed and the same are accordingly allowed partly.

{2} 12 & 13 sr. nos..odt

3. The applicants shall be permitted to withdraw 25% of the amount

out of the amount deposited by the acquiring body/appellant in this court

on furnishing undertaking to the effect that in the event of success of

appeals, the applicants would re-deposit the amount in this Court within

a period of 12 weeks from such decision. Further a sum of Rs.25% out

of the amount deposited by the acquiring body in this Court shall be

permitted to be withdrawn by the applicants on furnishing solvent

security for the like amount.

4. The balance amount of 50% out of the amount deposited by the

acquiring body in this court shall be deposited in fixed deposit in any

Nationalized Bank, initially for a period of three years. The fixed deposit

shall be renewed thereafter until disposal of the appeal.

5. With the directions as above, civil applications stand disposed of.

            [K.K.SONAWANE]                               [R.M. BORDE]
              JUDGE                                         JUDGE
    grt/-