Tarachand Pannalal Dungarwal v. The Ex. Engineer, Lift Irrigation Division Osmanabad And ANR

980-CA-2216-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2216 OF 2021 IN FIRST APPEAL NO. 216 OF 2020 Tarachand Pannalal Dungarwal ..APPLICANT

VERSUS

The Executive Engineer, Lift Irrigation Division, Osmanabad and Another ..RESPONDENTS ....

Mr. S.A. Wakure, Advocate for applicant Mr. P.G. Rodge, Advocate for respondent no.1 Mr. B.V. Virdhe, A.G.P. for respondent no.2 - State ....

CORAM : R.G. AVACHAT, J.

DATE : 16th JULY, 2021 PER COURT :

1.

Heard. Perused impugned award.

2.

Learned counsel for Respondent No.1 - acquiring body has strong objection for withdrawal of the amount. 3.

For the reasons given in the application, the applicant is permitted to withdraw 75% of the amount deposited in this Court, 50% on furnishing an undertaking to the satisfaction of the Registrar (Judicial) of this Court and 25% on submitting solvent surety/security/bank 1 / 2

980-CA-2216-21.odt guaranty in the like amount. Balance 25% amount be invested in fixed deposit in any nationalised bank for the period till disposal of appeal. Civil application stands disposed of accordingly.

( R.G. AVACHAT, J. ) SSD 2 / 2