The High Court allowed an agriculturist applicant to withdraw 70% of the amount deposited in court pending a First Appeal filed by the acquiring body regarding land acquisition compensation.
Permission granted to withdraw 50% on undertaking and 20% on solvent surety, with remaining 30% to be invested in fixed deposits.
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ca8068.20.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
CIVIL APPLICATION NO. 8068 OF 2020 IN FA/872/2020
GULAB S/O MEHEBOOB @ MAHBUB MULANI
...APPLICANT
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
..RESPONDENTS
Mr L.C. Patil, Advocate for the applicant; Mr. S.N. Kendre, AGP for respondent no. 1; Mr. R.B. Gaikwad, Advocate for respondent no. 3
CORAM : ABHAY AHUJA, J.
DATE : 29-01-2021
P.C.
{2} ca8068.20.odt
Senior Division, Osmanabad, in LAR No. 138 of 2012, on the grounds mentioned therein.
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ca8068.20.odt
i) 50% amount permitted to be withdrawn on furnishing of undertaking to the satisfaction of the Registrar (Judicial) of this Court, to the efect that in the event the judgment and award dated 5th July, 2013 is set aside or modifed, he shall re-deposit the same within six weeks from the date of passing of such order by this Court.
ii) The applicant is permitted to withdraw 20% of the amount deposited with this Court on furnishing of solvent surety of the said amount, to the satisfaction of the Registrar (Judicial) of this Court.
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ca8068.20.odt
iii) Registry is directed to invest the balance amount of 30% in fxed deposit(s) in any nationalized bank for a period of six months and keep re-investing the same from time to time, subject to the orders of this Court or till the fnal disposal of the appeal.
iv) The amount to be paid to the applicant would be transferred to his savings account on furnishing of the details of his bank account to the Registrar (Judicial) of this Court.
v) Payment of withdrawal is subject to the outcome of the pending appeal.
(ABHAY AHUJA) JUDGE
amj
1 issue framed by the court
Whether the applicant, an agriculturist who has deposited money in court pending a first appeal, is entitled to withdraw part of the deposited amount.
Colour shows how this judgement treated each authority
State of Maharashtra Vs. Kailash Shiva RangariReferred¶19
State of Maharashtra Vs. Kailash Shiva Rangari, 2016 (3) Mh.L.J. 457 · Who else cites this
GULAB S/O MEHEBOOB @ MAHBUB MULANI
THE STATE OF MAHARASHTRA
ABHAY AHUJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
