Bombay High Court
Govinda Kashiram Patil vs The State Of Maharashtra Thr Its ... on 1 April, 2021
Bench: Anil S. Kilor
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 5208 OF 2020 IN FA/1697/2019
BHALCHANDRA GANPAT CHAVAN AND OTHERS
VERSUS
STATE OF MAHARASHTRA AND OTHERS
...
CIVIL APPLICATION NO. 5209 OF 2020 IN FA/1696/2019
GOVINDA KASHIRAM PATIL
VERSUS
STATE OF MAHARASHTRA AND OTHERS
...
CIVIL APPLICATION NO. 5211 OF 2020 IN FA/1700/2019
GOVINDA KASHIRAM PATIL
VERSUS
STATE OF MAHARASHTRA AND OTHERS
...
CIVIL APPLICATION NO. 5215 OF 2020 IN FA/1704/2019
CHHAGAN DAMU SHINDE AND ANOTHER
VERSUS
STATE OF MAHARASHTRA AND OTHERS
...
CIVIL APPLICATION NO. 5212 OF 2020 IN FA/1705/2019
KAMALBAI BHUWAN SHINDE
VERSUS
STATE OF MAHARASHTRA AND OTHERS
...
CIVIL APPLICATION NO. 5210 OF 2020 IN FA/1706/2019
JANARDHAN WAMAN GANDHELE
VERSUS
STATE OF MAHARASHTRA AND OTHERS
...
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CIVIL APPLICATION NO. 5214 OF 2020 IN FA/1707/2019
NATHU RAMKRISHNA PATIL (GEN.MU) AND ANOTHER
VERSUS
STATE OF MAHARASHTRA AND OTHERS
...
CIVIL APPLICATION NO. 5213 OF 2020 IN FA/1709/2019
VASANT NARAYAN JAGTAP DIED
THROUGH LRS ANJANABAI AND OTHERS
VERSUS
STATE OF MAHARASHTRA AND OTHERS
...
CIVIL APPLICATION NO. 5225 OF 2020 IN FA/1710/2019
TAPIRAM GOBA PATIL (GEN.MU.) AND OTHERS
VERSUS
STATE OF MAHARASHTRA AND OTHERS
...
CIVIL APPLICATION NO. 5229 OF 2020 IN FA/1711/2019
CHANDRAKANT PANDIT SHINDE AND OTHERS
VERSUS
STATE OF MAHARASHTRA AND OTHERS
...
CIVIL APPLICATION NO. 5226 OF 2020 IN FA/1712/2019
RAMESH LAXMAN PAWAR
VERSUS
STATE OF MAHARASHTRA AND OTHERS
...
CIVIL APPLICATION NO. 5228 OF 2020 IN FA/1713/2019
BHUWAN DAMU SHINDE
VERSUS
STATE OF MAHARASHTRA AND OTHERS
...
CIVIL APPLICATION NO. 5224 OF 2020 IN FA/1715/2019
ATMARAM NATHU JAGTAP
VERSUS
STATE OF MAHARASHTRA AND OTHERS
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...
CIVIL APPLICATION NO. 5227 OF 2020 IN FA/1716/2019
RATIRAM KASHIRAM PATIL
VERSUS
STATE OF MAHARASHTRA AND OTHERS
...
CIVIL APPLICATION NO. 5218 OF 2020 IN FA/1718/2019
ANJANABAI RAMCHANDRA BAVASKAR (DIED) AND OTHERS
VERSUS
STATE OF MAHARASHTRA AND OTHERS
...
In All the above matters -
Advocate for Applicants-claimants : Mr. Vijay B. Patil
AGP for Respondents - State and SLAO : Mr. R. B. Bagul
Advocate for Respondent-Acquiring Body : Mrs. Chaitali R. Kutti Choudhary
...
CORAM : ANIL S. KILOR, J.
DATE : 1st APRIL, 2021
PER COURT :-
Heard learned respective counsels appearing for the parties.
2. Learned counsel appearing for the appellant-Acquiring Body
informs in this court that some amount has been deposited in the
Reference Court, in pursuant to the Judgment and Award passed by
the Reference Court and some amount is deposited in this Court.
However, no definite statement is made that how much amount is
deposited out of the total amount.
3. Learned counsel appearing for the applicant-claimants
submits that as per the instructions received by him, 57% amount
of the decreetal amount is deposited by the Acquiring Body in the
High Court as well as in the Reference Court. Learned counsel for
the applicant-claimants seeks permission to withdraw the amount
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for the reasons stated in the applications. He submits that the
applicants-claimants are in need of money and, therefore, request
of the applicants be considered.
4. In view of the fact that, part of the amount towards
compensation is deposited in the Reference Court and part of the
amount deposited in this Court, however, no definite statement is
made as regards how much amount is deposited, I proceed to pass
the following order -
a) The civil applications are allowed.
(i) The applicants-claimants are permitted to withdraw 50%
of the total decreetal amount deposited by Acquiring
Body.
In case, the amount deposited by Acquiring Body in
the Reference Court as well as in this Court is less than
50% of the complete / entire amount, the applicant-
claimants are permitted to withdraw the same on
furnishing undertaking to the effect that, if the Acquiring
Body succeeds in the present matter and this Court
directs the applicants-claimants to repay the amount
back, they will deposit the amount so withdrawn within
stipulated period.
However, in case, the deposited amount is more
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than 50%, the applicants are permitted to withdraw 50%
amount on furnishing undertaking to the effect that, if
the Acquiring Body succeeds in the present matter and
this Court directs the applicants-claimants to repay the
amount back, they will deposit the amount so withdrawn
within stipulated period.
5. The civil applications are disposed of, accordingly.
( ANIL S. KILOR )
JUDGE
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