Bhujang Shripatrao Kulkarni v. The Ex. Engineer, Medium Project Divison, Osmanabad And ANR

2025:BHC-AUG:7386

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

946 CIVIL APPLICATION NO. 2852 OF 2025 IN FA/816/2022 Bhujang Shripatrao Kulkarni ....Applicant

Versus

The Ex. Engineer, Medium Project, Division Osmanabad And Anr .....Respondents .....

Shri. Vivekanand V. Ingale, Advocate for Applicant Shri. R. B. Dhaware, AGP for the Respondent / State. Shri. G. B. Rajale, Advocate for Respondent No.1 .....

CORAM : NEERAJ P. DHOTE, J.

Dated : MARCH 12, 2025 PER COURT :- .

This is the Application by the Applicant - Claimant for withdrawal of the amount deposited by the Respondent - Acquiring Body in this Court. The Respondent - Acquiring Body has filed First Appeal and challenged the Award passed by the learned Reference Court granting compensation to the Applicant - Claimant.

2.

It is not in dispute that the Respondent - Acquiring Body has deposited the entire amount awarded by the learned Reference Court in this Court which comes to the tune of Rs.9,91,235/- (Rupees Nine Lakh Ninety One Thousand Two Hundred Thirty Five Only). The Appeal is of the year 2022.

3.

The learned Advocate appearing for Respondent No.1 and the learned AGP for the State opposed the application. 4.

Considering the avernments made in the application, the Applicant - Claimant is permitted to withdraw 75% of the amount

deposited by the Respondent - Acquiring Body along with interest accrued thereon, subject to the Applicant - Claimant giving undertaking for 50% amount and Surety for remaining 25% amount to the satisfaction of the Registrar (Judicial) of this Court. Application stands disposed of accordingly.

( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 13/03/2025 18:17:07