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2025 DAILYLAW 1800 (BOM)

SUGRIV GOPAL BANSODE DIED THR LRS SHRIMTI RANUBAI SUGRIV BANSODE AND OTHERS v. THE MAHARASHTRA KRISHNA VALLEY DEVELP. CORPORATION THR. THE EXECUTIVE ENGINEER IRRG.PROJECT AND ORS

CA/5219/2025 · 2026-06-22

body2025

Judgment text

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1 46CA5219.2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CIVIL APPLICATION NO. 5219 OF 2025 IN FIRST APPEAL [ST] NO. 7135 OF 2023 Sugriv Gopal Bansode Versus The Maharashtra Krushna Valley Development Corporation through Executive Engineer ... Mr. R.V. Naiknaware - Advocate for Applicant Mr. Avishkar S. Shelke - Advocate for Respondent Nos. 1 Mr. S. M. Ganachari - AGP for the State ... CORAM : NEERAJ P. DHOTE, J. DATED : 22ND JUNE, 2026 PER COURT : - 1. This is an application filed by the Claimant seeking withdrawal of the amount deposited in the present proceedings. 2. The Appeal has been filed by the Acquiring Body challenging the Judgment and Order passed by the learned Reference Court. 3. According to the learned Advocate for the Acquiring Body, since the enhanced compensation awarded by the Reference Court is upto twelve times, this Court may grant stay directing deposit of 50% of the awarded amount. 4. The learned Advocate for the Claimant submits that, by 2 46CA5219.2025.odt order dated 5th May 2025 passed in Civil Application No. 5211 of 2025 in First Appeal (Stamp) No. 7139 of 2023, this Court permitted similarly situated claimants to withdraw the amount deposited by the Acquiring Body. He, therefore, submits that a similar order be passed in the present case. 5. The learned Advocate for the Acquiring Body does not dispute that, by the aforesaid order passed in a Civil Application in First Appeal arising out of the same Award, this Court permitted withdrawal of the amount deposited by the Acquiring Body. 6. Considering the aforesaid conspectus of the matter, the Applicant/Claimant is permitted to withdraw the entire amount deposited by the Acquiring Body (being 50% of the amount awarded), upon furnishing a regular undertaking to the satisfaction of the Registrar (Judicial) of this Court to the effect that, in the event the Appeal succeeds, they shall refund the said amount together with the interest accrued thereon to the Acquiring Body within a period of twelve (12) weeks from the date of such decision. 7. The Application stands disposed of. [NEERAJ P. DHOTE] JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 23/06/2026 19:20:39