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Bombay High CourtCA/1885/2017disposed offdismissed for default

Prabhakar Gopalarao Naiknaware And Others v. Executive Engineer Osmanabad Minor Irrigation Division Osmanabad Under G M I D C Aurangabad And Ohr

2017-02-24Hon'Ble Shri Justice V.K. Jadhav2 pages

CA 1885.2017+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO. 1885 OF 2017 IN FAST/19843/2014 PRABHAKAR GOPALARAO NAIKNAWARE AND OTHERS

VERSUS

EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD UNDER G M I D C ...

932 CIVIL APPLICATION NO. 1886 OF 2017 IN FAST/19804/2014 VISHWAMBHAR DADARAO NAIKNAWARE AND OTHERS

VERSUS

EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD AND OTHERS ...

Advocate for Applicants : Mr Rakhunde Pravin B AGP for Respondents: Mr S P Sonpavale / C V Dharurkar Advocate for Respondents : Mr B.R. Surwase For R/1 ...

CORAM : V.K. JADHAV, J.

Dated: February 24, 2017 ...

PER COURT :- 1) Heard the learned Counsel appearing for the applicant/s, learned counsel for the acquiring body and learned AGP for State. 2) Considering the contentions raised in the application for withdrawal of amount and having regard to the objections raised by the acquiring body in the memo of appeal in exception to the Award, I deem it appropriate to pass the following order, -

ORDER

i) The applicant/s are permitted to withdraw 40% of the amount deposited by the acquiring body in this court, on submitting an undertaking that, in the event any adverse order is passed against them in the appeal/s, they will re-deposit the

CA 1885.2017+.odt amount within four months of passing such order; ii) Balance 60% amount be invested in a Fixed Deposit Receipts in any Nationalized Bank, till disposal of the appeal/s. iii) The Civil Application/s for withdrawal of the amount is disposed of.

( V.K. JADHAV, J. ) ...

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