The Ex. Engineer, Minor Irrigation Div. Osmanabad v. Sandipan Pandurang Undre And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 74 CIVIL APPLICATION NO.11555 OF 2023 IN FA/3585/2022 WITH CA/8762/2022 IN FA/3585/2022 SANDIPAN PANDURANG UNDRE

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DEPT. OSMANABAD AND ANR ...

Advocate for Applicants : Mr. V.S. Munjal h/f. Mr. V.S. Undre AGP for Respondent 2 : Mr. K.B. Jadhavar Advocate for Respondent 1 : Mr. S.G. Bhalerao ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 25/09/2023 PER COURT :

1.

Heard the learned counsel for respective parties. 2.

Civil Application No. 11555/2023 is for withdrawal of amount of compensation alongwith the interest accrued thereon, which have been deposited by the Acquiring Body. This Court, vide order dated 19.01.2023 passed in other connected matters, has already permitted the applicants therein to withdraw entire deposited amounts. 3.

In view of the same, the present applicant is also permitted to withdraw 75% of the deposited compensation amounts in this matter, on usual undertaking and remaining 25% on furnishing solvent surety / security to the satisfaction of the Registrar (Judicial) of this court. 4.

The civil application for withdrawal of amount is accordingly disposed of.

5.

In view of the above, ad-interim stay granted earlier is confirmed. Stay application is disposed of.

6.

Appeal is admitted.

7.

The learned counsel appearing for respective respondents waive service of notice.

8.

Call R. & P.

[ARUN R. PEDNEKER J.] ssc/