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Bombay High CourtCA/2337/2016admittedallowedgrantedrule absolute

Shevantabai Bhimrao Chapake v. The Executive Engineer, Civil Cccm Division, Msedcl Aurangabad And Others

2016-02-26Hon'Ble Shri Justice T.V. Nalawade1 pages

ca2337-16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2337 OF 2016 IN FAST/25975/2015 SHEVANTABAI BHIMRAO CHAPAKE

VERSUS

THE EXECUTIVE ENGINEER, CIVIL CCCM DIVISION, MSEDCL AURANGABAD AND OTHERS ...

Advocate for Applicant : Nirmal Ramchandra J. (vp Not Filed) AGP for Respondents: Mr.K.N.Lokhande Adv.Mr.D P Deshpande For R/1 ...

CORAM : T.V.NALAWADE DATED : 26TH FEBRUARY,2016 PER COURT :- The application is filed for withdrawal of the compensation amount deposited by the acquiring body.

2] Heard learned counsel for acquiring body and also counsel for original claimant. This Court has gone through the judgment and award in which whole reference is considered. 3] In view of the nature of challenge against the decision, this Court holds that permission needs to be granted to withdraw 75% of the amount subject to giving of the undertaking. In those terms, application is allowed. 75% of the amount deposited alongwith interest is to be paid to the original claimant. Application is disposed of.

(T.V.NALAWADE,J.) umg/