The Executive Engineer Krishna Khore Vikas Mahamandal v. Dawaljirao Prataprao Deshmukh
2024:BHC-AUG:19436 ca 9081.24+.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 1007 CIVIL APPLICATION NO. 9081 OF 2024 IN FA/794/2023 Dawaljirao Prataprao Deshmukh
VERSUS
The State Of Maharashtra Thr The Collector, Osmanabad And Ors ...
Advocate for Applicant : Mr. Ganesh Vilasrao Patil Advocate for Respondents : Mr. M. S. Kulkarni Mr. V.S. Badakh AGP for Respondent State.
...
AND CIVIL APPLICATION NO. 1316 OF 2023 IN FA/794/2023 The Executive Engineer Krishna Khore Vikas Mahamandal
VERSUS
Dawaljirao Prataprao Deshmukh ...
Advocate for Applicant : Mr. Kulkarni Mukul S. AGP for Respondents: Mr. V S Badakh Advocate for Respondents : Mr. Ganesh Vilasrao Patil CORAM : S. G. CHAPALGAONKAR, J.
Dated : August 23, 2024 PER COURT :- 1.
This is an application for withdrawal of the amount deposited by the acquiring body in this court pursuant to the impugned judgment and award.
2.
The application is vehemently opposed by the acquiring body.
ca 9081.24+.odt 3.
However, since the amount is already deposited, it will not be in the interest of justice to keep the amount idle in the office of this court. Hence, the following order:-
ORDER
a] The application is allowed.
b] The applicant is entitled to receive 50% of the amount of deposited alongwith accrued interest on furnishing usual undertaking. Further 25% of the amount deposited alongwith accrued interest is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this court. Balance amount be invested in fixed deposit in any nationalized bank pending the appeal.
c] The application stand disposed off.
Stay Application :- 4.
Learned counsel appearing for the applicant submits that the amount as per the award has been deposited in this Court. 5.
Considering the submissions advanced, civil application is allowed in terms of prayer clause "A" and disposed off. ( S. G. CHAPALGAONKAR, J. ) ...
aaa-