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Bombay High CourtCA/4452/2017disposed offdismissed for default

Bainabai Rambhau Mirge v. The Executive Engineer, Lower Dudhana Project, Selu Thr Jalna Irrigation Division, Jalna And ORS

2017-04-07Hon'Ble Shri Justice V.K. Jadhav1 pages

*1* 961.ca.4452.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4452 OF 2017 IN FA/1881/2016 BAINABAI RAMBHAU MIRGE

VERSUS

THE EXECUTIVE ENGINEER, LOWER DUDHANA PROJECT, SELU THR JALNA IRRIGATION DIVISION ...

Advocate for Applicant : Shri Kakade Deepak M. AGP for Respondents: Shri A.M.Phule.

Advocate for Respondents : Shri R. C. Patil For R/1. ...

CORAM: V.K. JADHAV, J.

DATE :- 07th April, 2017.

Per Court:

Heard the learned counsel for the respective parties. This is application for withdrawal of amount. The learned counsel for the Respondent submits that the reference court has enhanced the compensation exorbitantly. The learned counsel submits that the Applicant, therefore, may not be permitted to withdraw the entire amount.

In view of this, the Civil Application is partly allowed. The Applicant is permitted to withdraw 75% of the amount deposited before this Court subject to furnishing an undertaking to the satisfaction of the Registrar (Judicial) of this Court. Remaining 25% amount shall be deposited in any nationalized bank till the disposal of the First Appeal. The Civil Application is, accordingly, disposed of. (V.K. JADHAV, J.) Kalyan Sangvikar, PA.