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Bombay High CourtCA/2092/2017disposed offdismissed for default

Digambar Sampatrao Nival v. The Executive Engineer Lower Dudhana Project Division Sailu And ANR

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

1012 ca 2012.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1012 CIVIL APPLICATION NO. 2012 OF 2017 IN FA/1002/2016 MANOJKUMAR RANJITRAO WAYAL

VERSUS

THE EXECUTIVE ENGINEER LOWR DUDHANA PROJECT DIVISIONSAILU AND ANR with 1013 CIVIL APPLICATION NO. 2092 OF 2017 IN FA/1003/2016 DIGAMBAR SAMPATRAO NIVAL

VERSUS

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

Advocate for Applicant : Pratibha Bharad R.v. Gore AGP for Respondents: C.V. Dharurkar Advocate for Respondents : S.G.sangl For R/1 ...

CORAM : V.K. JADHAV, J.

DATE : 24-02-2017.

P.C. :

1.

The learned counsel for the applicant submits that this court by order dated 09.03.2016 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 the Registrar (Judicial).

2.

The 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

1012 ca 2012.17.odt withdrawn by the applicants herein.

3.

In view of the above the applicants are permitted to withdraw 50% of the amount deposited before this court on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court and remaining amount shall be invested in F.D.R. in any nationalized bank initially for a period of two years and renewal thereafter as directions of this court till the disposal of the appeal. 4.

Civil applications are accordingly disposed of. (V.K. JADHAV) JUDGE mub