Nandabai Trimbak Nihal v. The Ex. Engineer, Irrigation Project Div. Jalna And ORS

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO.6409 OF 2020 IN FA/122/2020 NANDABAI TRIMBAK NIHAL

VERSUS

THE EX. ENGINEER, IRRIGATION PROJECT DIV. JALNA AND ORS ...

Advocate for Applicants : Mr. Nirmal Ramchandra J. Mr. PM Kulkarni, AGP for Respondents: 2 & 3;

----- CORAM : SMT.VIBHA KANKANWADI,J.

DATE : 17 th June, 2021.

PER COURT :- 1.

Present application has been filed for withdrawal of the amount. The amount deposited with this Court is Rs. 8,77,104/- 2.

Heard both sides. Learned Advocate for the acquiring body has strong objection taking into consideration the fact that the amount that has been enhanced is more than four times. Therefore, taking into consideration the interest of the appellant also as well as interest of the applicant-original claimant, the applicant is allowed to withdraw the amount of Rs.4,50,000/-. 3.

The applicant shall file an undertaking within a period of eight weeks that she would make the said amount good, if directed at the time of final disposal of the appeal. 4.

The Civil Application stands disposed of.

(SMT. VIBHA KANKANWADI) JUDGE BDV