Sitaram Anna Bansode vs The State Of Maharashtra And Anr on 2 November, 2018

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Bombay High Court

Sitaram Anna Bansode vs The State Of Maharashtra And Anr on 2 November, 2018

Bench: P.R. Bora

                                     (1)


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

           970 CIVIL APPLICATION NO. 13653 OF 2018
  IN FA/2955/2018 WITH CA/4968/2018 IN FA/2952/2018 WITH 
      CA/4970/2018 IN FA/2953/2018 WITH CA/4972/2018 IN 
    FA/2954/2018 WITH CA/4975/2018 IN FA/2955/2018 WITH 
     CA/4977/2018 IN FA/2956/2018 WITH CA/13654/2018 IN 
   FA/2954/2018 WITH CA/13655/2018 IN FA/2953/2018 WITH 
    CA/13656/2018 IN FA/2952/2018 WITH CA/13657/2018 IN 
                         FA/2956/2018

                       AYYUB MUBARAK JINERI
                              VERSUS
                 THE STATE OF MAHARASHTRA AND ANR
                                ...
           Advocate for Applicant : Mr. More Abhijit S.
               Mr. RB Bagul, AGP for Respondent 1. 
                                     .
                                     ---

                               CORAM :  P.R. BORA, J.
                               DATED :  2nd November, 2018.
 PER COURT:-

 1.               When  the  present  application  is taken  up 

 for hearing, learned counsel for applicant tendered 

 across   the   bar   a   copy   of   order   passed   by   the 

 Division bench of this Court in CA No.13752/2015 in 

 FA   No.   1027/2015.     The   learned   counsel   submitted 

 that   the   present   appeals   are   arising   out   of   the 

 same   acquisition   proceedings.     He,   therefore, 

 prayed   for   withdrawal   of   the   amount   as   was 

 permitted by the Division Bench.

 2.               Learned   AGP   appearing   for   State   has   not 

 disputed correctness of the facts, as are stated by 

 learned counsel for applicant.   In view of above, 


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                                       (2)
 following order is passed, 

                                    ORDER

i. Out of the 75% of the amount, which is permitted to be withdrawn by the applicant claimant, 50% of the amount shall be permitted to be withdrawn on furnishing an undertaking to this Court to the effect that in the event of success in appeals, the applicant claimant shall re-deposit the amount in this court within a period of 12 weeks from the date of such decision. ii. Balance amount of 50% out of 75% of the amount, permitted to be withdrawn by the applicant claimant shall be disbursed to the applicant claimant on their furnishing solvent security in the like amount;

iii. The balance amount of 25% shall be invested in any Nationalized Bank in Fixed Deposit initially for a period of three years and the Fixed Deposit shall be renewed thereafter for the period until disposal of the appeal.

iv. The Civil Applications for withdrawal of the amount are disposed of.

(P.R. BORA) JUDGE bdv ::: Uploaded on - 03/11/2018 ::: Downloaded on - 04/11/2018 02:03:10 :::

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