Digambar Daulatrao Patil (Died) Thr Lrs Kashibai And ORS v. Ex. Engineer, Irrigation Project Strengthening Div. Omerga Thr M.K.V.D.C. Pune And ORS

912-CA-3367-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3367 OF 2020 IN FIRST APPEAL NO. 2922 OF 2018 Digambar Daulatrao Patil (Died) Through Legal Representatives Subha Bhimrao Surwase and Others ..APPLICANTS

VERSUS

Executive Engineer Irrigation Project Strengthening Division, Omerga and Others ..RESPONDENTS ....

Mr. P.S. Chavan, Advocate for applicants Mr. S.B. Patil, Advocate for respondent no.1 Mr. S.S. Dande, A.G.P. for respondent - State ....

CORAM : R.G. AVACHAT, J.

DATED : 09th JUNE, 2021 PER COURT :

1.

Heard. Learned counsel for the acquiring body opposes the application.

2.

Considering the impugned award and the averments in the application, the applicant is permitted to withdraw 75% of the amount deposited in this Court. 50% of the amount be paid on his furnishing undertaking and 25% as against solvent surety to the satisfaction of the 1 / 2

912-CA-3367-20.odt Registrar (Judicial). The balance amount be kept in fixed deposit with any of the nationalised banks, pending appeal.

3.

Civil application is disposed of accordingly. ( R.G. AVACHAT, J. ) SSD 2 / 2