Allowed

Maruti Parbatrao Chavan and Others v. the Deputy Chief Engineer, (Construction) Central Railway Division Pune and Another

Bombay HC16 Apr 2014CA/1448/2014

Case brief

AI extract

What is this about?

Applicants allowed to withdraw 30% via personal undertaking, 20% via security, and 50% via bank guarantee from the deposit made by the respondent, pending appeal outcome.

What did the court decide?

Allowed to withdraw 30% via undertaking to refund if appeal succeeds, 20% via Registrar's security, and 50% via bank guarantee.

What the court decided

Maruti Parbatrao Chavan and Others Vs the Deputy Chief Engineer, (Construction) Central Railway Division Pune and Another — Bombay HC (2014) — LawSathi Research

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1448.14ca

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FARAD CONTINUATION SHEET NO.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD

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________________________________________________________ CIVIL APPLICATION NO. 1448 OF 2014 IN FA/371/2014 WITH CA/12584/2013 IN FA/371/2014

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MARUTI PARBATRAO CHAVAN AND OTHERS VERSUS

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THE DEPUTY CHIEF ENGINEER, (CONSTRUCTION) CENTRAL RAILWAY DIVISION PUNE AND ANOTH

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Advocate for Applicants : Mr.Kale Gopal D. Advocate for Respondents:Mr. M.N. Nawandar.

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CORAM : S.S. SHINDE & V.K. JADHAV, JJ. Dated: April 16, 2014

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Heard learned Counsel for the parties. This application has been filed with a prayer for withdrawal of an amount of Rs.17,50,55,806/which is deposited by the respondent No.1 in this Court by Cheque No.085544 dated 14.1.2014.

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2 We have heard learned Counsel for the respective parties. We have also considered various orders passed by this Court while allowing the claimants to withdraw the amount

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1448.14ca

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deposited by the acquiring body. In our opinion, ends of justice would meet if the claimants are permitted to withdraw 30% of the total amount deposited by respondent No.1 by furnishing personal undertaking to this Court within two weeks from today to refund the said amount in case the appellant succeeds in the appeal. Such undertaking to be furnished by each of the applicants / claimants confined to their respective shares.

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3 Hence, following order:

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(1) The applicants / claimants are permitted to withdraw 30% of the total amount deposited by respondent No.1 by furnishing personal undertaking to this Court within two weeks from today to refund the said amount in case the appellant succeeds in the appeal; Such undertaking to be furnished by each of the applicants / claimants confined to their respective shares.

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(2) The applicants / claimants are permitted to withdraw 20% of the total amount deposited by respondent No.1 by furnishing

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1448.14ca

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security to the satisfaction of the Registrar (Judicial) of this Court;

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(3) The applicants / claimants are permitted to withdraw 50% of the total amount deposited by respondent No.1 by furnishing bank guarantee of any Nationalized Bank or Scheduled Bank.

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Application is allowed to above extent and stands disposed of.

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(V.K. JADHAV, J) (S.S. SHINDE, J)

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kadam/

Maruti Parbatrao Chavan and Others v. the Deputy Chief Engineer, (Construction) Central Railway Division Pune and Another

Case brief

What is this about?

What did the court decide?

What the court decided

Maruti Parbatrao Chavan and Others v. the Deputy Chief Engineer, (Construction) Central Railway Division Pune and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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