Bombay High Court
Santosh Ram Ganjewar vs The State Of Maharashtra And Ors on 16 November, 2021
Bench: Ravindra V. Ghuge, S. G. Mehare
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(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
903 CIVIL APPLICATION NO.6291 OF 2021
IN FA/703/2020
SANTOSH RAM GANJEWAR
VERSUS
THE STATE OF MAHARASHTRA AND ORS
WITH
CA/6283/2021 IN FA/707/2020
NAMITA DEELIP GANJEWAR
VERSUS
THE STATE OF MAHARASHTRA AND ORS
WITH
CA/6288/2021 IN FA/705/2020
RUTA DEELIP GANJEWAR
VERSUS
THE STATE OF MAHARASHTRA AND ORS
WITH
CA/6286/2021 IN FA/704/2020
AMRUTA DEELIP GANJEWAR
VERSUS
THE STATE OF MAHARASHTRA AND ORS
WITH
CA/6289/2021 IN FA/706/2020
DEELIP BHAGWAT GANJEWAR
VERSUS
THE STATE OF MAHARASHTRA AND ORS
...
Mr V. B. Patil, Advocate for applicants;
Mr S. G. Sangle, A.G.P. for respondent No.1;
Smt. Chaitali Choudhary-Kutti, Advocate for respondent No.2
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(2)
CORAM : RAVINDRA V. GHUGE
AND
S. G. MEHARE, JJ.
DATE : 16th November, 2021
PER COURT:
1. The appeals filed by the acquiring body are yet to be
admitted. The acquiring body has deposited the entire amount in
this Court.
2. We have heard the submissions of the learned Counsel for
the respective sides for quite sometime and have perused the order
passed by the learned Single Judge Bench of this Court, dated
06/04/2021 in Civil Application No.6525/2020 in First Appeal
No.326/2020 and connected matters, arising out of same
acquisition. The claimants were permitted to withdraw 50% of
the amount deposited by the acquiring body on furnishing an
undertaking. Rest of the amounts were to be invested in a
Nationalized Bank. We have also perused the Judgment delivered
by the L.A.R. Court, in L.A.R. Nos.136/2010 to 147/2010.
3. On instructions, the learned Advocate for the applicants
submits, for the present, that the applicants may be allowed to
withdraw 50% of the amount. He was a party to the earlier order
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dated 06/04/2021, passed by the learned Single Judge Bench,
wherein withdrawal to the extent of 50% amount was permitted.
The learned Advocate for the acquiring body submits, on
instructions, that same view may be followed in these
applications.
4. In view of the above, these civil applications are partly
allowed.
5. The claimants/applicants are permitted to withdraw 50% of
the amount, on furnishing an undertaking to the effect that in the
event of an adverse Judgment being delivered in the first appeals,
they would redeposit the amount within the period as may be
mentioned in the said Judgment.
6. We direct the Registry to invest the remainder amount in
Fixed Deposit Receipts in a Nationalized Bank for an initial
period of one year and to be renewed, subject to the decision in
the first appeals.
7. Taking into account that the entire amount is deposited by
the acquiring body in this Court as a condition for granting
protection to the appellants, the appeals are 'ADMITTED',
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subject to removal of all office objections within 21 days from
today.
8. List the first appeals, hoping for a final hearing, on
13/01/2022.
9. Call for Record and Proceedings.
(S. G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)
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