Bombay High Court
Maroti Bhagwant Biradar (Dead) Thr Lrs ... vs The G.M.Id.C., Thr The Ex. Engineer, ... on 8 April, 2021
Author: Anil S. Kilor
Bench: Anil S. Kilor
1 968-CA-4393-21-2.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
968 CIVIL APPLICATION NO. 4393 OF 2021 IN FAST/10531/2018
MAROTI BHAGWANT BIRADAR (DEAD) THR LRS BALASAHEB
MAROTI BIRADAR
VERSUS
THE G.M.ID.C., THR THE EX. ENGINEER, MEDIUM PROJECT
DEVARJAN, NOW L.T.C.D. 2 LATUR AND ANOTHER
...
Advocate for Applicant : Mr. V.D. Gunale
Advocate for Respondent No. 1 : Mr. A.M. Gaikwad
AGP for Respondent No. 2: Mr. S.S. Dande
...
CORAM : ANIL S. KILOR, J.
DATE : 8th APRIL, 2021
PER COURT :-
This is an application moved by the applicant-original
claimant seeking permission for withdrawal of the amount
deposited by the appellant-Acquiring Body in pursuance of the
Judgment and Award dated 20-02-2013 passed by the Joint Civil
Judge, Senior Division, Udgir in Land Acquisition Reference No.
356 of 2012.
2. I have heard learned counsels for the respective parties.
3. Mr. Gunale, learned counsel for the applicant-original
claimant submits that applicant has no source of income and he
is in dire need of money. He further submits that the appellant-
Acquiring Body has deposited the entire amount under Award
pursuant to order passed by this Court on 27-11-2020 in Civil
Application No. 6641 of 2018. Hence, he prayed that the
applicant be permitted to withdraw the decreetal amount
deposited by the appellant in this Court.
4. On the other hand, Mr. Gaikwad, learned counsel for the
Acquiring Body strongly opposes the application, orally.
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2 968-CA-4393-21-2.odt
5. After going through the impugned Judgment and Award
and after considering the rival contentions of the parties, at this
stage, I am of the opinion that the justice would be subserved, if
the applicant is permitted to withdraw 75% of the total amount
deposited by the appellant-Acquiring Body; the 50% amount out
of the same on furnishing undertaking and remaining 25%
amount on furnishing security to the satisfaction of the Registrar
(Judicial) of this Court.
6. In the circumstances, I pass the following order :-
ORDER
(i) The application is partly allowed.
(ii) The applicant-claimant is permitted to withdraw 50% of the total amount deposited in this Court on furnishing undertaking that in case the appellant - Acquiring Body succeeds in the present appeal, the applicant would pay back / redeposit the said amount as directed by this Court within stipulated period.
(iii) The remaining 25% of the total amount deposited in this Court is permitted to be withdrawn by the applicant-claimant on furnishing security to the satisfaction of the learned Registrar (Judicial) of this Court.
(iv) Registry is directed that the remaining 25% amount shall be invested in any nationalized bank initially for a period of two years and the said period would be extended in case the matter is not finally decided within such period.
7. Civil Application stands disposed of accordingly.
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