Maruti Kushaba Sathe v. Executive Director, Krishana Khore Mahamandal Thr Exe Engineer And Another

CA14175.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14175 OF 2015 IN FIRST APPEAL NO. 768 OF 2014 Mohan Ganpat Sathe Since Deceased Thr. LRS Narmadabai & Ors.

Applicants...

Versus

Executive Director & Anr.

Respondents...

........

Mr P. V. Barde, Advocate for the applicants Mr G. B. Rajale, Advocate for respondent No. 1 Mr Deshmukh, AGP for respondent No. 2 ..........

ALONG WITH CIVIL APPLICATION NO. 14176 OF 2015 IN FIRST APPEAL ST NO. 30844 OF 2013 CORAM :

S. V. GANGAPURWALA, J.

DATE : 23RD OCTOBER, 2015.

PER COURT:

.

These are applications for withdrawal of the amount. Mr Rajale, learned Counsel opposes the application on the ground that the exorbitant amount has been awarded by the reference Court. 2.

Considering the award passed, I pass the following order.

ORDER

(i) The applicants are allowed to withdraw 50% of the amount deposited on submitting an undertaking to the executing Court that, in

CA14175.2015.odt the event appeal is allowed and the applicants are directed to deposit the amount, they shall deposit the same within a period of one month. The applicants are further allowed to withdraw 25% of the amount deposited on submitting solvent security / surety of the like amount. (ii) Remaining 25% of the amount deposited be kept in fixed deposit of any nationalized bank.

The Civil Applications stand disposed of. No costs. [ S. V. GANGAPURWALA, J. ] sgp