Bappa Narayan Kawade v. Ex. Engineer, Osmanabad Minor Irrigation Division, Osmanabad Under G.M.I.D.C., Aurangabad And ORS

920 ca.2004.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

920 CIVIL APPLICATION NO.2004 OF 2022 IN FA/337/2021 BAPPA NARAYAN KAWADE

VERSUS

EX. ENGINEER, OSMANABAD MINOR IRRIGATION DIVISION, OSMANABAD UNDER G.M.I.D.C., AURANGABAD AND OTHERS ...

Advocate for Applicant : Mr. Sanjay A. Wakure. Advocate for Respondent No.1 : Mr. B. R. Surwase. AGP for Respondent/State: Mr. S. P. Deshmukh. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

01st April, 2022.

P.C.:

.

Mr. Wakure, learned counsel for applicant undertakes to remove office objections forthwith. His undertaking is accepted. It is an application for withdrawal of compensation moved by the applicant/claimant.

Heard Mr. Wakure, learned counsel for applicant, Mr. Surwase, learned counsel for respondent No.1/acquiring body and Mr.Deshmukh, learned AGP for respondent Nos.2 and 3. In Civil Application No.11380 of 2021 with connected matter, this Court (Coram: R. G. Avachat, J.) dated 14th October, 2021 was pleased to allow 75% of the amount of compensation, which is in

920 ca.2004.22.odt deposit. The same course is followed by passing the following order:

O R D E R

I.

The application is hereby allowed.

II.

The applicant/claimant is hereby permitted to withdraw 50% of the amount of compensation with accrued interest thereon on furnishing usual undertaking with the Registrar (Judicial) of this Court.

III.

The applicant/claimant is further permitted to withdraw 25% of the amount of compensation with accrued interest thereon on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.

IV.

Remaining 25% of the compensation amount with accrued interest thereon shall be invested in fixed deposit account in any Nationalized Bank initially for a period of one year with renewal clause.

V.

The application is accordingly disposed of.

[ SHRIKANT D. KULKARNI, J. ] nga