Sanjay Supadu Chaudhary And ORS v. The Ex. Engineer, Waghur Dam Div. Jalgaon And ANR
( 1 ) ca3794.24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 901 CIVIL APPLICATION NO. 3794 OF 2024 IN FAST/10961/2021 MITHARAM BHILA BONDE AND ORS
VERSUS
THE EX. ENGINEER, WAGHUR DAM DIV. JALGAON AND ANR AND 902 CIVIL APPLICATION NO. 3817 OF 2024 IN FAST/8375/2021 VISHNU PUNJO CHAUDHARY (DIED) THR LRS VILAS V. CHAUDHARY DIED THR. LRS VAISHALI AND ORS
VERSUS
THE EX. ENGINEER, WAGHUR DAM DIV. JALGAON AND ANR AND CIVIL APPLICATION NO. 3820 OF 2024 IN FAST/8390/2021 GAYABAI TULSHIRAM DHANDE AND ORS
VERSUS
THE EX. ENGINEER, WAGHUR DAM DIV. JALGAON AND ANR AND CIVIL APPLICATION NO. 3815 OF 2024 IN FAST/8380/2021 UMAKANT DEVRAM CHAUDHARY AND ORS
VERSUS
THE EX. ENGINEER, WAGHUR DAM DIV. JALGAON AND ANR AND CIVIL APPLICATION NO. 3819 OF 2024 IN FAST/8387/2021 SANJAY SUPADU CHAUDHARY AND ORS
VERSUS
THE EX. ENGINEER, WAGHUR DAM DIV. JALGAON AND ANR AND CIVIL APPLICATION NO. 3818 OF 2024 IN FAST/8384/2021 SUDHIR NARAYAN CHAUDHARY
VERSUS
THE EX. ENGINEER, WAGHUR DAM DIV. JALGAON AND ANR Miss Sakshi A. Kale h/f. Mr. A.B. Kale, Advocate for the applicants. Mr.V.V. Tarde, Advocate for R-1 & 2 in CA No.3794 of 2024. Mr.S.B. Kadu, Advocate for R-1 & 2 in rest of the applications. Ms.A.S. Mantri, AGP for respondent/State in CA No.3794 of 2024. Mr.D.B. Bhange, AGP for the respondent/State in rest of the applications.
( 2 ) ca3794.24
CORAM
: KISHORE C. SANT, J.
DATED : 25.06.2024 PC :- 01.
The learned Advocate for the applicants produces on record copy of order dated 05.04.2024 passed in the Civil Applications in the appeals arising out of the same project, out of which the present appeals have also arisen. This Court by way of the said order had permitted the applicants therein to withdraw 75% of the amount on condition. Considering this the following order :-
ORDER
i) The applicants are permitted to withdraw 50% of the amount deposited by the acquiring body along with accrued interest on furnishing usual undertaking to the satisfaction of the Reference Court.
ii) 25% of the deposited amount is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the Reference Court.
iii) Remaining 25% of the deposited amount be invested in the fixed deposit of any nationalized bank on periodically renewal basis till final disposal of the appeal.
iv) The Civil Applications are accordingly allowed and disposed off.
[KISHORE C. SANT, J.] snk/2024/JUNE24/ca3794.24