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Bombay High CourtCA/2915/2017disposed offdismissed for default

Ganpatrao Rangrao Nirval Died Lr Pralhad Nirval v. The Executive Engineer Lower Dudhana Project Division Sailu And ANR

2017-03-03Hon'Ble Shri Justice V.K. Jadhav2 pages

35 ca.2915.17 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 35 CIVIL APPLICATION NO. 2915 OF 2017 IN FA/19/2015 WITH CA/10349/2014 IN FA/19/2015 GANPATRAO RANGRAO NIRVAL DIED LR PRALHAD NIRVAL

VERSUS

THE EXECUTIVE ENGINEER LOWER DUDHANA PROJECT DIVISIONSAILU AND ANR ...

Advocate for Applicants : Mr. Rakh Asha D.

AGP for Respondents: Mr. A.M. Phule Advocate for Respondents-acquiring body : Mr. S.G. Sangle .....

CORAM : V. K. JADHAV, J.

DATED : 3rd MARCH, 2017 PER COURT:- 1.

Learned counsel for the applicants submits that this Court by orders dated 9.3.2016 and 24.2.2017 permitted the other applicants from the same award to withdraw 75% of the amount deposited before this Court on furnishing undertaking to the satisfaction of Registrar (Judicial) of this Court.

2.

Learned counsel appearing for the respondent-acquiring body submits that, the respondent-acquiring body deposited 50% of the amount before the executing Court and the same has been withdrawn by the applicants herein.

3.

In view of above, the applicants are permitted to withdraw 50%

35 ca.2915.17 -2of the amount deposited before this Court on furnishing undertaking to the satisfaction of Registrar (Judicial) of this Court and remaining amount shall be invested in fixed deposit in any nationalized bank, initially for a period of two years and the fixed deposits be renewed thereafter from time to time until further orders. 4.

Civil application for withdrawal of amount is accordingly disposed of.

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