Vijaykumar Chandgdeo Gaikwad v. The Executive Engineer Medium Project Division Osmanabad And Other

2025:BHC-AUG:13538 1 925.CA-2003-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 CIVIL APPLICATION NO. 2003 OF 2025 IN FA/3244/2016 VIJAYKUMAR CHANDGDEO GAIKWAD

VERSUS

THE EXECUTIVE ENGINEER MEDIUM PROJECT DIVISION OSMANABAD AND OTHER .....

Advocate for the Applicants : Mr. Tanwade Vikas S. AGP for Respondent/State : Mr.K.K.Naik Advocate for Respondent No.1 : Mr. P.A.Pisal ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 6th MAY 2025 PER COURT :

.

Applicant is praying for disbursement of the additional 10% of the amount already deposited by the Respondent No.1/acquiring body with accrued interest. By earlier order dated 21.09.2017, applicant was permitted to receive 50% of the deposited amount on furnishing undertaking and solvent surety. Now he prays to withdraw further 10% of amount with accrued interest relying on common order dated 22.10.2021 passed in group of appeal which is at page no.11 of the compilation of the application.

2.

In a similarly situated matters, the claimants were permitted to receive 10% of the amount on furnishing undertaking to the satisfaction of the Registrar (Judicial). Learned counsel for the

2 925.CA-2003-2025.doc Respondent No.1/acquiring body strongly opposes the application. 3.

I am of the considered view that the direction solicited by the applicant is very genuine. As per view taken by this Court in a common order passed on 22.10.2021 in similarly situated matters, there is no impediment in permitting the applicants to withdraw further 10% amount with accrued interest.

4.

Civil application is allowed in terms of prayer clause 'B'. [ SHAILESH P. BRAHME, J.] vsj..