Piraji Sakharam Pawar Died Thr Lrs Ram And Others v. The Executive Engineer, G.M.I.D.C. Minor Irrigation Division, Latur And Others

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.1895 OF 2016 IN FIRST APPEAL NO.963 OF 2015 WITH C.A.NO.1902 OF 2015 IN F.A.NO.954 OF 2015 WITH C.A.NO.1905 OF 2016 IN FIRST APPEAL NO.962 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.

Mr.Sapkal, learned counsel for the applicants states that vide order dated 21.8.2015, more particularly, para 3 (ii) of the said order the applicants are allowed to withdraw 25% on furnishing of Bank guarantee of any Scheduled Bank. The applicants are agriculturists. It is not possible for them to furnish Bank guarantee,

as such the applicants be allowed to withdraw the said amount on furnishing solvent security.

3.

Mr.Sangle, learned counsel for non-applicants opposes the said applications.

4.

Considering the quantum of the amount enhanced, I had passed order allowing withdrawal of 50% on undertaking, 25% on solvent security and 25% on Bank guarantee. The said order was passed on equitable considerations so also considering the quantum of enhancement granted by the Reference Court. 5.

In light of the above, the request of the applicants can not be considered. The Civil Applications are disposed of. (S.V.GANGAPURWALA,J.) Dt.18.03.2016.

asp/office/Ca1895.16