The Ex. Engineer, Irrigation Medium Project Div. Osmanabad And ORS v. Chandrakant Tukaram Bhosale-Patil

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 950 CIVIL APPLICATION NO. 7947 OF 2024 IN FA/2761/2021 WITH CIVIL APPLICATION NO. 4467 OF 2021 IN FA/2759/2021 WITH CIVIL APPLICATION NO. 4471 OF 2021 IN FA/2761/2021 WITH CIVIL APPLICATION NO. 4469 OF 2021 IN FA/2760/2021 WITH CIVIL APPLICATION NO. 7944 OF 2024 IN FA/2759/2021 WITH CIVIL APPLICATION NO. 7948 OF 2024 IN FA/2760/2021 BALIRAM BHAURAO SHINDE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND ORS ...

Advocate for Applicant : Mr. N.R. Pawade h/f Mr. Patil Laxmikant C.

AGP for Respondents/State : Mr. P.D.Patil Advocate for Respondents : Mr. Mukul Kulkarni ...

CORAM : KISHORE C. SANT, J.

DATE : 04.10.2024.

PER COURT :

WITHDRAWAL 1.

These applications are filed for withdrawal of the amount deposited by the Acquiring Body in this Court. 2.

Learned Advocate for the applicants produced on record a copy of order dated 11.07.2024 passed by this Court in Civil Application No. 6682 of 2024 alongwith connected matters. 3.

Considering the above, this Court is inclined to pass following order :

ORDER

(i) The Civil Applicants are permitted to withdraw 50% of the deposited amount along with accrued interest on giving usual undertaking in this Court. Further 25% of the deposited amount along with accrued interest is permitted to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court.

(ii) The balance amount shall be deposited in the fixed deposit of any nationalized bank to be renewed from time to time till final

disposal of the appeal.

(iii) The Civil Applications are accordingly allowed and disposed off.

STAY 1.

These applications are filed for stay to the execution and operation of the impugned judgment and award of the Tribunal.

2.

Considering that the amount is already deposited in this Court, these applications are allowed. There shall be stay to the execution and operation of the impugned judgment and award till the final disposal of the appeals. FIRST APPEAL 1.

Heard.

2.

Admit.

3.

Call for R & P.

4.

Learned AGP and the learned Advocate Mr. Kulkarni

waives service of notices for respondents respectively. ( KISHORE C. SANT ) JUDGE mahajansb/