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Bombay High CourtCA/1312/2019disposed offdismissed for default

Tukaram Maruti Mane, L.Rs. Prabhavati And Others v. The Executive Engineer, Irrigation Project Strengthening Division, Osmanabad And ORS

2019-03-20Hon'Ble Shri Justice Sunil K. Kotwal2 pages

917.CA.1311.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO.1311 OF 2019 IN FIRST APPEAL NO.4476 OF 2016 WITH CIVIL APPLICATION NO.1312 OF 2019 IN FIRST APPEAL NO.4477 OF 2016 WITH CIVIL APPLICATION NO.1313 OF 2019 IN FIRST APPEAL NO. 4478 OF 2016 WITH CIVIL APPLICATION NO.1314 OF 2019 IN FIRST APPEAL NO. 4479 OF 2016 WITH CIVIL APPLICATION NO.1315 OF 2019 IN FIRST APPEAL NO.4473 OF 2016 PANCHFULA RANGNATH MANE

VERSUS

THE EXECUTIVE ENGINEER, IRRIGATION PROJECT STRENGTHENING DIVISION, OSMANABAD AND ...

Advocate for Applicant : Mr. Patil Laxmikant C. AGP for Respondent : Mr. S. P. Deshmukh Advocate for Respondent No.1 : Mr. S. G. Sangle ...

CORAM

:

SUNIL. K. KOTWAL,J.

DATE :

20th March, 2019 PER COURT:

1.

Heard learned counsel for applicants/claimants and learned counsel for acquiring body as well as learned AGP for the habeeb 1/2

917.CA.1311.19.odt State.

2.

I have gone through the award. Certain irregularities have been pointed out by learned counsel for acquiring body. However, at this stage, I refrain from passing any remarks on merits. However, considering the award passed by the reference court, it is desirable to allow the applicant to withdraw 50% of compensation amount deposited in the Court with proportionate accrued interest thereon, subject to filing written under taking in appeal within a period of 8 weeks from the passing of this order, to redeposit the withdrawal amount as and when directed by this Court. Out of remaining compensation amount permission is granted to withdraw 25% amount subject to filing of solvent security for that amount within a period of 12 weeks from passing of this order to the satisfaction of the Registrar (Judl). Remaining 25% amount shall be invested in the fixed deposit of any nationalized bank till final disposal of the appeal. Civil applications are disposed of.

(SUNIL. K. KOTWAL, J.) habeeb 2/2