Madhukar Digambar Kulkarni v. The Executive Engineer Minor Irrigation Division Latur And ANR

2025:BHC-AUG:9513 1 938 (i).CA.-3467-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3467 OF 2025 IN FA/2956/2015 MADHUKAR DIGAMBAR KULKARNI

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION LATUR AND ANR ...

Advocate for Applicant : Mr. A.M. Hanmate h/f Mr. Bochare Vilas Advocate for Respondent No.1 : Mr. D.B. Pawar AGP for Respondent No.2 : Mrs. Ashlesha S. Deshmukh ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 28th MARCH 2025 PER COURT :

1.

This application is for withdrawal of amount deposited by the Respondent/Acquiring Body. On 07.08.2016, Rs.7,87,003 was deposited by the Respondent/Acquiring Body in the First Appeal. The Applicant is claiming withdrawal of the amount for the reasons stated in Paragraph No.4.

2.

Considering the exigency as expressed in Paragraph No.4, it is desirable to permit the Applicant to withdraw 65% of the amount on certain conditions.

3.

The Civil Application is partly allowed.

2 938 (i).CA.-3467-2025.doc 4.

The Applicant is permitted to withdraw 50% of the amount on furnishing usual undertaking and 15% of the amount on furnishing solvent surety from the amount deposited with accrued interest in this Court.

5.

The balance amount shall be invested with accrued interest in the Nationalized Bank till disposal of the First Appeal. SHAILESH P. BRAHME JUDGE NAJEEB..