Maruti Mandir Trust, Thr. Its Ashok Rajaram Wage And ORS. v. The Executive Engineer Kadava (Cannel) Project, Division Nashik

29-2116-2023-IA=.doc Digitally signed by UDAY SHIVAJI JAGTAP Date:

2023.05.02 10:05:59 +0530 Uday S. Jagtap UDAY SHIVAJI JAGTAP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2116 OF 2023 IN FIRST APPEAL (ST.) NO. 25596 OF 2021 Maruti Mandir Trust, Through its Trustees Ashok R Wagh & Ors.

.. Applicants In the matter of The Executive Engineer, Kadava, Kalava (Canal) Project, Division Nashik .. Appellant Vs.

Maruti Mandir Trust, Through its Trustees Ashok R Wagh & Ors.

.. Respondents .....

Mr. Sachin Gite for the applicants Ms. Chaitrali A. Deshmukh for the respondents .....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 27th APRIL, 2023 P.C.

1.

This is an application seeking withdrawal of the amount of compensation deposited by the appellant before the Reference Court.

2.

Learned Counsel for the appellant objects withdrawal of the entire amount of compensation on the ground that in case the

29-2116-2023-IA=.doc appeal succeeds, it would be difficult to recover the amount from the applicants.

3.

Learned Counsel for the applicants submits that the applicants would furnish security to the extent of 50% of the amount of compensation and the balance 50% will be withdrawn without furnishing any security.

4.

Having regard to the said aspect, the applicant is granted relief in terms of prayer clause (a).

5.

The applicants are permitted to withdraw the entire amount of compensation. However, they shall furnish security to the extent of 50% of the amount deposited by the appellant in the Reference Court to the satisfaction of the Reference Court. 6.

Application is disposed of.

7.

List the appeal for admission on 3rd July, 2023. (PRITHVIRAJ K. CHAVAN, J.)