Prakash S/O Gangadhar Sevlikar vs The State Of Maharashtra, Through ...
2021 Latest Caselaw 5033 Bom

                                           1                         924-CA-2089-21-w.odt



        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD


                 CIVIL APPLICATION NO. 2089 OF 2021
                  IN CIVIL APPEAL NO. 3171 OF 2019

                 PRAKASH S/O. GANGADHAR SEVLIKAR
                              VERSUS
               THE STATE OF MAHARASHTRA AND OTHERS
                                      ...
                Advocate for Applicant : Mr. S. S. Patunkar h/f.
                                          J. P. Legal Associates
               AGP for Respondents No. 1 and 2 : Ms. D. S. Jape
                                     ...

                                        CORAM : ANIL S. KILOR, J.

                                        DATE    :    19th MARCH, 2021

PER COURT :-

Heard learned counsel for the applicant-claimant.

2. None for the Acquiring Body, even after second call.

3. Learned counsel for the applicant submits that the

Acquiring Body has deposited decreetal amount directed to be

paid by the learned Reference Court vide Judgment and Award

dated 08-12-2009. It is submitted that to fulfll family needs and

for marriage and education of children of applicant, the applicant

needs this amount.

4. Though, this application was fled on 22-12-2020, no reply

has been fled by the Acquiring Body opposing prayer made in

the application.

2 924-CA-2089-21-w.odt

5. It is further pointed out that in connected matters, which

are arising out of the same Award, this Court has permitted the

applicants in the said matters to withdraw 75% amount on

certain conditions. It is, therefore, prayed that the applicants

may be permitted to withdraw 75% amount with the same

conditions imposed in First Appeals No. 3132, 3172 and 3170 of

2019.

6. For the reasons stated in the application and in view of the

above stated facts, the civil application is partly allowed.

(i) The permission is granted to withdraw 75% amount;

out of which for 50% amount, the applicant shall furnish an undertaking to the efect that in case any adverse orders passed against the applicant, he would refund the amount as per direction of this court.

(ii) For the balance 25% amount, the applicant shall furnish solvent surety in the like amount to the satisfaction of the Registrar (Judicial) of this court.

(iii) The remaining 25% amount shall be invested in any nationalized or scheduled bank for a period of two years and the said period would be extended in case the matter is not fnally decided within such period.

7. The civil application is disposed of.

( ANIL S. KILOR ) JUDGE

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