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Bombay High CourtCA/4706/2021disposed off

Narsing Babu Upgandale v. The Ex. Engineer, Minor Irrigation Division, Latur And ANR

2021-06-17Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

924. CA/4706/2021 IN FA/1681/2020 NARSING BABU UPGANDALE

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIVISION LATUR AND ANR.

...

Mr.SK Chavan, Adv. For applicant;

Mr. SC Arora, Adv. For Resp.No.1.

Mr. BV Virdhe, AGP for Respondents: 3 & 4;

----- CORAM : SMT.VIBHA KANKANWADI,J.

DATE : 17 th June, 2021.

PER COURT :- 1.

Present application has been filed for withdrawal of the amount deposited by the acquiring body. The amount deposited in this case by the acquiring body is Rs.37,40,534/-.

2.

Heard both sides.

3.

The learned Advocate for the acquiring body and learned AGP have strong objection for withdrawal of the amount. The learned Advocate for the acquiring body submits that the amount that has been enhanced is four times than granted by the SLAO. Under such circumstance, the applicantclaimant is allowed to withdraw an amount of Rs.19,00,000/-.

4.

The applicant shall file an undertaking

(2) within a period of eight weeks that he would make the said amount good, if directed at the time of final disposal of the appeal.

5.

The Civil Application stands disposed of.

(SMT. VIBHA KANKANWADI) JUDGE BDV