Shivram Asaram Gavali And ANR v. The Executive Engineer Minor Irrigation Division Aurangabad

2024:BHC-AUG:2084 41-CA-812-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 812 OF 2024 IN FA/3201/2023 SHIVRAM ASARAM GAVALI AND ANOTHER

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION AURANGABAD ...

Advocate for Applicants : Mr. Abhishek M. Hajare AGP for Respondent/State : Mrs. R. R. Tandale (Choure) ...

CORAM : S. G. MEHARE, J.

DATE : 25-01-2024 PER COURT :- 1.

Heard the learned counsel for the applicants. None present for respondent No.1/appellant.

2.

The entire compensation amount of the award has been deposited. The applicants are entitled to withdraw the compensation. However, in the facts situation, the following order is passed;

i) The application is partly allowed.

ii) The applicants are entitled to withdraw 75% of the amount deposited with proportionate accrued interest; (a) Out of 75% of the deposited amount, 50% amount with proportionate interest be released on furnishing an undertaking that they will re-deposit the amount, if the impugned judgment and award is reversed;

(b) Remaining 25% amount with proportionate interest be released on furnishing surety.

( S. G. MEHARE ) JUDGE rrd Signed by: Rajesh Rameshrao Davane Designation: PA To Honourable Judge Date: 31/01/2024 20:34:02