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Bombay High Court

Daivshala Prabhakar Kutwad Thr Her ... vs The M.I.D.C., Thr Regional Officer, ... on 12 October, 2018

Bench: Prasanna B. Varale, Manish Pitale

                                                                         ca12774.18
                                       (1)

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

                     CIVIL APPLICATION NO.12774 OF 2018
                                    IN
                        FIRST APPEAL NO.2802 OF 2013


 Daivshala w/o Prabhakar Kutwad ,
 Through her power of attorney               ..APPLICANT

          VERSUS

 The Maharashtra Industrial Development
 Corporation,
 Through Regional Officer & anr.       ..RESPONDENTS

 Mr A.N. Irpatgire, Advocate for applicant;
 Mr S.B. Bhosale, Advocate for respondent no.1;
 Mr A.R. Kale, A.G.P. for respondent no.2;
 Mr S.C. Swami, Advocate for respondents no.1 (A) to 1(C) of F.A.

                                  CORAM : PRASANNA B. VARALE
                                               AND
                                          MANISH PITALE, JJ.

                                     DATE : 12th October, 2018


 ORAL ORDER:

Heard learned Counsel appearing on behalf of the applicant.

2. By the present application, the applicant who is original claimant prays for withdrawal of the amount of interest accrued on the amount invested in fixed deposit.

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ca12774.18 (2)

3. Learned Counsel submitted that in view of the orders of this Court, the applicant was permitted to withdraw the amount by submitting bank guarantee. Learned Counsel invited our attention to page 13 of the application to submit that the Collector, Latur makes a reference to the fact that the bank guarantee is submitted to the authority. Learned Counsel then invited our attention to the orders passed by the Honourable the Apex Court as well as by this Court in identical circumstances. These orders dated 28 th April, 2017 and 10th August, 2018, respectively, are placed on record at pages 16 and 19 of the application. In view of these facts, Civil Application is allowed in terms of prayer clause (B) and disposed of accordingly.

      (MANISH PITALE, J.)                   (PRASANNA B. VARALE, J.)

 amj




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