Disposed

Ekanath Kashinath Dhande v. the State of Maharashtra

Bombay HC18 Jul 2005CAF/1809/2005

Case brief

AI extract

What is this about?

This application sought withdrawal of land compensation deposited by the Government. The Court ordered release of 25% without surety and 75% against a Bank Guarantee while the First Appeal was pending, which resulted in the disposal of the application.

What did the court decide?

Instruction to executing court to release 25% of decretal amount without surety and 75% on furnishing Bank Guarantee.

Ekanath Kashinath Dhande Vs the State of Maharashtra — Execution and Attachment | Bombay HC (2005)

¶1

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CIVIL APPELLATE JURISDICTION
 CIVIL APPLICATION NO.1809 OF 2005
 IN
 FIRST APPEAL NO.185 OF 2005
 with
 CIVIL APPLICATION NO.1812 OF 2005
 IN
 FIRST APPEAL NO.188 OF 2005
 with
 CIVIL APPLICATION NO.1815 OF 2005
 IN
 FIRST APPEAL NO.191 OF 2005
 with
 CIVIL APPLICATION NO.1816 OF 2005
 IN
 FIRST APPEAL NO.192 OF 2005
 with
 CIVIL APPLICATION NO.1820 OF 2005
 IN
 FIRST APPEAL NO.196 OF 2005
 with
 CIVIL APPLICATION NO.1822 OF 2005
 IN
 FIRST APPEAL NO.198 OF 2005
 with
 CIVIL APPLICATION NO.1823 OF 2005
 IN
 FIRST APPEAL NO.19 OF 2005
 with
 CIVIL APPLICATION NO.1824 OF 2005
 IN
 FIRST APPEAL NO.200 OF 2005
 with
 CIVIL APPLICATION NO.1825 OF 2005
 IN
 FIRST APPEAL NO.201 OF 2005
 with
 CIVIL APPLICATION NO.1826 OF 2005
 IN
 FIRST APPEAL NO.202 OF 2005
 with
 CIVIL APPLICATION NO.1829 OF 2005
 IN
 FIRST APPEAL NO.207 OF 2005
 with
 CIVIL APPLICATION NO.1831 OF 2005
 IN
 FIRST APPEAL NO.207 OF 2005
 with
 CIVIL APPLICATION NO.1841 OF 2005
 IN
 FIRST APPEAL NO.217 OF 2005
 with
 CIVIL APPLICATION NO.1842 OF 2005
 IN
 FIRST APPEAL NO.218 OF 2005
 with
 CIVIL APPLICATION NO.1845 OF 2005
 IN
 FIRST APPEAL NO.221 OF 2005
 with
 CIVIL APPLICATION NO.1846 OF 2005

¶2

 IN
 FIRST APPEAL NO.222 OF 2005
 with
 CIVIL APPLICATION NO.1853 OF 2005
 IN
 FIRST APPEAL NO.229 OF 2005
--------------------------------------------------------------------
 Office Notes, Office Memoranda of
 Coram, appearances, Court’s orders
 or directions and Registrar’s Courts or
 Orders. Judge’s orders

¶3

 Mr.S.M. Gorwadkar for applicant.
 Mr.K.K. Tated, AGP

¶4

 CORAM : S.B.MHASE &
 S.R.SATHE,JJ.
 DATED : 18 JULY, 2005.
 P.C:
 1. Heard both sides.

¶5

 2. This is an civil

¶6

 application for withdrawal of the
 decreetal amount deposited by the
 respondent-Government as per the
 directions of this Court. This
 is enhanced compensation amounts
 in the land reference proceedings
 as the lands of the applicants

¶7

 has been acquired for public

¶8

 purpose.

¶9

 3. The learned counsel for the

¶10

 applicant submitted that the

¶11

 total amount be released in

¶12

 favour of the applicant. He
 ultimately submitted that he is

¶13

 ready to give Bank Guarantee to

¶14

 the extent of 50% amount and 50%
 amount may be released without

¶15

 Bank Guarantee.

¶16

 4. Mr.Tated, learned AGP
 submitted that the amount may not
 be released. He submitted that
 the reference court has

¶17

 exorbitantly enhanced the amounts
 and, therefore, he opposed for

¶18

 release of the amounts to the

¶19

 extent of 50% on Bank Guarantee

¶20

 and 50% without Bank Guarantee.

¶21

 5. Looking to the controversy

¶22

 in this matter, we find that it

¶23

 will be appropriate to release
 25% of the decretal amount in

¶24

 favour of the applicant in the

¶25

 land reference without surety,

¶26

 and remaining 75% percent of the
 decretal amounts to be released
 Bank Guarantee. Therefore, we

¶27

 pass the following order ;

¶28

 (i) The Executing Court is
 hereby directed that the decretal

¶29

 amount to the extent of 25% only
 as per the Award shall be paid
 without surety to the applicant

¶30

 in the land reference. Rest of

¶31

 the decretal amount i.e. 75% be

¶32

 paid to the applicant on their
 furnishing Bank Guarantee of
 nationalised Bank which will be
 continuously operating till final
 disposal of the First Appeal.

¶33

 (ii) The civil application is,
 accordingly, disposed off.

¶34

 (S.R. Sathe, J.) (S.B. Mhase, J.)

Ekanath Kashinath Dhande v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ekanath Kashinath Dhande v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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