Dilip Tukaram Wagh v. The Ex. Engineer, G.M.I.D.C., Aurangabad Thr Minor Irrigation Div. Jalna And Others

913-ca-3391-21 (withdrawal)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3391 2021 IN FIRST APPEAL (STAMP) NO. 30599 OF 2019 Dilip S/o Tukaram Wagh ... Applicant

Versus

The Executive Engineer G.M.I.D.C., Aurangabad Through Minor Irrigation Division, Jalnaand others ... Respondents ....

Mr. N.R. Thorat, Advocate h/f Mr. R.K. Shingnapure, Advocate for Applicant Mr. G.N. Patil, Advocate for Respondent No.1 Mr. P.M. Kulkarni, AGP for Respondent Nos.2 and 3 / State ....

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 29th JUNE, 2021 PER COURT:- 1.

It is an application for withdrawal of amount moved by the applicant / original claimant. Perused the impugned judgment and award passed by the Reference Court.

2.

Heard the learned counsel for both the sides. 3.

If the application is allowed to withdraw 75% of the amount deposited by the acquiring body, it would meet the ends of justice.

913-ca-3391-21 (withdrawal) 4.

In view of the above, I proceed to pass the following order:

ORDER

(i) The application for withdrawal of amount moved by the applicant / original claimant is hereby allowed.

(ii) The applicant / original claimant is permitted to withdraw 50% of the amount deposited by the acquiring body in this Court on furnishing usual undertaking with the Registry.

(iii) He is further permitted to withdraw 25% of the amount deposited by the acquiring body on furnishing solvent surety to the satisfaction of Registrar (Judicial) of this Court.

(iii) The civil application is disposed of accordingly. ( SHRIKANT D. KULKARNI ) JUDGE S.P. Rane