Tukaram Barasu Patil And ORS v. The Ex. Engineer, Waghur Dam Div. Jalgaon And ANR

2024:BHC-AUG:7954 23,27-CA-3323-24-w.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 23 CIVIL APPLICATION NO. 3323 OF 2024 IN FA/3810/2022 TUKARAM UDDHAV ROTE LRS. PRAMOD AND OTHERS

VERSUS

THE EX. ENGINEER, WAGHUR DAM DIV. JALGAON AND ANOTHER ...

AND 27 CIVIL APPLICATION NO. 3348 OF 2024 IN FA/2547/2022 KALPANA BHALCHANDRA PATIL AND OTHERS

VERSUS

THE EX. ENGINEER, WAGHUR DAM DIV. JALGAON AND ANOTHER ...

Advocate for Applicants/claimants : Mr. Ajeet B. Kale Advocate for Respondents No.1 and 2 : Mr. Vivek V. Tarde AGP for Respondents No.3 and 4 : Mr. N. B. Patil ...

WITH CIVIL APPLICATION NO. 3352 OF 2024 IN FA/2546/2022 WITH CIVIL APPLICATION NO. 3351 OF 2024 IN FA/2548/2022 WITH CIVIL APPLICATION NO. 3349 OF 2024 IN FA/2549/2022 WITH CIVIL APPLICATION NO. 3350 OF 2024 IN FA/2550/2022 ...

CORAM : S. G. MEHARE, J.

DATE : 05-04-2024 PER COURT :- 1.

Heard the learned counsels for the parties.

2.

Considering the grounds raised in the appeals, the applications deserve to be partly allowed. Hence, the order;

ORDER

I) The applications are partly allowed.

23,27-CA-3323-24-w.odt ii) The applicants are permitted to withdraw 75% amount deposited with the Reference Court, with accrued interest thereon. Out of it, 50% amount be released on furnishing usual undertaking that they would deposit the money, if the impugned judgment and award is reversed, and balance 25% amount be released on surety/security before the Reference Court as the amount is lying there.

ii) Rest (25%) amount be invested in fixed deposit in any Nationalized Bank, as per rules.

( S. G. MEHARE ) JUDGE rrd