Shri. Champalal Ramchandra ... vs The State Of Maharashtra (Through ...
2022 Latest Caselaw 8888 Bom

P.H. Jayani                                      16(A) CAF171.2021.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                   CIVIL APPLICATION NO. 171 OF 2021
                                   IN
                     FIRST APPEAL NO. 1169 OF 2016

Shri. Champalal Ramchandra Mundada            .... Applicant
           v/s.
The State of Maharashtra and anr.             .... Respondents


Mr. Anil Ahuja for the Applicant.
Ms. Tanaya Goswami, AGP for the State.

                         CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 06th SEPTEMBER, 2022.

P. C. :-

. Order dated 25/08/2022 records that the Court was not inclined

to grant 100% withdrawal of the compensation deposited by the

Acquiring Body.

2. Learned counsel for the Applicant had sought time to take

instructions as regards the conditions to be imposed for withdrawal of

the amount. Learned counsel for the Applicant states that the

Applicant as on today is seeking withdrawal of only 50% of the amount

and balance 50% can be re-invested pending hearing of the Appeal.

3. Having considered the reasons stated in the Application and

P.H. Jayani 16(A) CAF171.2021.doc

having gone through the reasons recorded in the impugned judgment

as well as the grounds raised in the Appeal memo, the Applicant is

permitted to withdraw 50% of the compensation deposited by the

Acquiring Body. It is made clear that the withdrawal is subject to the

final outcome of the Appeal. The Applicant shall file an undertaking

before the Joint Civil Judge, Senior Division, Nashik that the amount

will be refunded with interest in the event the Appellant - State

succeeds in the Appeal. The balance amount be re-invested in any

nationalized bank until further orders.

4. Civil Application stands disposed of.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) Digitally signed by PREETI H JAYANI Date: 2022.09.08 11:12:09 +0530