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Bombay High CourtCA/1884/2016disposed offdismissed for default

Gulab Rajasaheb Tamboli v. The Executive Engineer, Minor Irrigation Division, Latur And Others

2016-03-18Hon'Ble Shri Justice S V Gangapurwala3 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.1884 OF 2016 IN FIRST APPEAL NO.961 OF 2015 WITH C.A.NO.9712 OF 2015 IN F.A.NO.961 OF 2015 WITH C.A.NO.1885 OF 2016 IN CROSS OBJECTION ST.NO.29892 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.V.D.Sapkal, advocate holding for Mr.L.C.Patil, advocate for the Applicants.

Mr.S.G.Sangle, advocate for the Respondent No.1. CORAM : S.V.GANGAPURWALA,J.

Date : 18.03.2016.

PER COURT :

1.

Heard.

2.

The present applications are moved for modification of the order dated 21.8.2015, more particularly, clause (ii) of para 3 of the said order . Vide clause (ii) of para 3, the applicants were allowed to withdraw 25% of the amount deposited on furnishing solvent security/surety. The learned counsel submits that instead of solvent

security/surety, the applicants be allowed to withdraw the said amount on furnishing Bank guarantee of any Scheduled Bank. 3.

Mr.Sangle, learned counsel has no objection, considering that applicants are giving better security.

4.

In light of the above, in para 3 (ii) of the order dated 21.8.2015, instead of "solvent security/surety" following words be substituted :

"Bank guarantee of any Scheduled/Nationalised Bank". 5.

The Civil Applications are disposed of.

(S.V.GANGAPURWALA,J.) Dt.18.03.2016.

asp/office/Ca1884.16