Aminoddin Mohiddin Sheikh Mauldar (Died) Thr Lrs Chanubee (Died) Thr Lrs. Chand Aminoddin And ORS v. The Ex. Engineer, Lift Irrigation Division, Osmanabad The The Ex. Engineer Z.P Osmanabad And ANR

(1) ca1638.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 20 CIVIL APPLICATION NO. 1638 OF 2021 IN FAST/29980/2019 AMINODDIN MOHIDDIN SHAIKH MAULDAR DIED THR LRS AND OTHERS VS THE EX. ENGINEER LIFT IRRIGATION DIVSIION, OSMANABAD AND ANR Mr. Sushant B. Choudhari, Advocate for the applicant Mr. Ramesh V. Naiknavare, Advocate for the respondent No.1 CORAM :

N. J. JAMADAR, J.

DATE :

01-03-2021 P. C.

.

This application is preferred for withdrawal of amount deposited by the respondent No.1 in pursuance of the award passed by the Reference Court on 19-04-2014. There are averments in the application in justification of the prayer for withdrawal. 2.

Learned counsel for the respondent No.1 submits that respondent No.1 has deposited a sum of Rs. 6,40,708/-. 3.

Having regard to the averments in the application and the quantum of the amount deposited by the respondent No.1, it would be expedient to allow the applicants to withdraw 75% of the deposited amount alongwith interest accrued thereon, on usual undertaking. Hence, the following order.

(2) ca1638.21

ORDER

i.

The application stands allowed.

ii.

The applicants are permitted to withdraw 75% of amount deposited by the respondent No.1 alongwith interest accrued thereon, on furnishing an undertaking to the satisfaction of the learned Registrar (Judicial) of this Court.

[ N. J. JAMADAR, J. ] VishalK/ca1638.21