Bombay High CourtCA/3801/2024admittedallowedgrantedrule absolute

Dagadu Shivram Pachpande (Died) Thr Lrs Jivan And ORS v. The Ex. Engineer, Waghur Dam Div. Jalgaon And ANR

2024-07-31Hon'Ble Shri Justice Kishore C. Sant2 pages

2024:BHC-AUG:16604 ( 1 ) ca3800.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 35 CIVIL APPLICATION NO. 3800 OF 2024 IN FAST/9972/2021 YOGESH NARAYAN NEHETE

VERSUS

THE EX. ENGINEER, WAGHUR DAM DIV. JALGAON AND ANR WITH CIVIL APPLICATION NO. 3799 OF 2024 IN FAST/9975/2021 PRASHANT SHALIGRAM BONDE AND ORS

VERSUS

THE EX. ENGINEER, WAGHUR DAM DIV. JALGAON AND ANR WITH CIVIL APPLICATION NO. 3801 OF 2024 IN FAST/9988/2021 DAGADU SHIVRAM PACHPANDE (DIED) THR LRS JIVAN AND ORS

VERSUS

THE EX. ENGINEER, WAGHUR DAM DIV. JALGAON AND ANR WITH CIVIL APPLICATION NO. 3798 OF 2024 IN FAST/9981/2021 ARVIND NAMDEV BONDE DIED THR LRS TUSHAR ARVIND BONDE AND ORS

VERSUS

THE EX. ENGINEER, WAGHUR DAM DIV. JALGAON AND ORS WITH CIVIL APPLICATION NO. 3802 OF 2024 IN FAST/9984/2021 ARUN BALIRAM NEMADE

VERSUS

THE EX. ENGINEER, WAGHUR DAM DIV. JALGAON AND ORS Ms.Sakshi Kale h/f. Mr.A.B. Kale, Advocate for the applicants. Mr.V.V. Tarde, Advocate for the respondents.

Mr.D.B. Bhange, AGP for the respondent/State.

CORAM

: KISHORE C. SANT, J.

DATE : 31.07.2024 PC :-

( 2 ) ca3800.24 01.

Heard. These applications are filed for withdrawal of the amount deposited by the acquiring body in the Reference Court/Executing Court. The learned Advocate for the applicants has produced on record copies of order passed by this Court dated 05.04.2023 and 25.06.2024, arising out of same acquisition proceedings. Hence, following order :-

ORDER

(i) The applicants are allowed to withdraw 50% of the amount deposited by the Acquiring Body along with accrued interest on furnishing undertaking that in-case the appeal is allowed, the applicants shall re-deposit the amount within 12 weeks from the date of passing such order. (ii) The applicants are further allowed to withdraw 25% of the amount along with accrued interest on furnishing solvent security/surety to the satisfaction of the Reference Court.

(iii) Remaining amount shall be invested in fixed deposit of any nationalized bank to be renewed from time to time till disposal of the appeal.

(iv) The civil applications are accordingly allowed and are disposed off.

[KISHORE C. SANT, J.] snk/2024/JUL24/ca3800.24