Nimbadas S/O Pandurang Patil (Makwan) v. The Executive Engineer, Hatnur Pro. Div. Chopda Now Office At, Lower Tapi Pro. Div. Amalner And ANR

(1) 916 CA-762.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 CIVIL APPLICATION NO.762 OF 2023 IN FA/127/2021 NIMBADAS S/O PANDURANG PATIL (MAKWAN)

VERSUS

THE EXECUTIVE ENGINEER, HATNUR PRO. DIV. CHOPDA NOW OFFICE AT, LOWER TAPI PRO. DIV. AMALNER AND ANOTHER ...

Mr. P.B. Patil, Advocate for the applicant.

Mr. Subhash Chillarge, Advocate for respondent No.1. Mr. B.V. Virdhe, A.G.P. for respondent No.2.

...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

20th January 2023.

ORDER:- 1.

Heard rival submissions. The applicant is seeking modification of the order dated 29th November 2022 by replacing the condition of bank guarantee with furnishing solvency/security in respect of withdrawal of Rs. 50,00,000/-. 2.

The learned Counsel for the Acquiring Body strongly opposed the application.

3.

The letter of Bank of Baroda indicates that they would issue bank guarantee only if there was fixed deposit of Rs. 50,00,000/-. Maharashtra Gramin Bank has also issued similar letter. However, it is between the claimant and bank. This Court has already passed order to safeguard the interest

(2) 916 CA-762.2023.odt of Acquiring Body which is evident from paragraph 2 of the order, since there was dispute about existence of fruit bearing trees in respect of which the compensation has been granted. In view of the same, I am not inclined the modify the order as prayed.

4.

The application is accordingly stands rejected. (SANDIPKUMAR C. MORE, J.) vd_dhirde