Sunil Dharmaraj Kakade (Died) Thr Lrs Mangal And ORS v. The Ex. Engineer, Minor Irrigation Division, Osmanabad And ORS

9346109-2022CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO.6109 OF 2022 IN FA/724/2019 SUNIL DHARMARAJ KAKADE (DIED) THR LRS MANGAL AND ORS

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND ORS Mr R.D. Khadap, Advocate for applicants Mr D.M.Vir, Advocate h/f Mr S.D. Dhongade, Advocate for respondent no.1 Mr A.B. Chate, A.G.P. for respondents no.2 and 3/State CORAM : SHRIKANT D. KULKARNI, J.

DATE : 19th April, 2022 PER COURT :

1.

It is an application for withdrawal of compensation amount moved by the applicants.

2.

Heard Mr R.D. Khadap, learned Advocate for applicants, Mr D.M. Vir holding for Mr S.D. Dhongade, learned Advocate for respondent no.1 and Mr A.B. Chate, learned A.G.P. for respondents no.2 and 3/State. 3.

This Court in Civil Application No.15239 of 2019 in First Appeal No.722 of 2019 with connected matters was pleased to allow the claimants to withdraw in all 75% of the amount of compensation. 50% on furnishing usual undertaking and 25% on furnishing solvent surety/security. By taking same view, I proceed to pass the following order.

ORDER

(i) The application is hereby allowed.

(ii) The applicants are permitted to withdraw 50% of the amount of

9346109-2022CA compensation with accrued interest thereon on furnishing usual undertaking with the Registrar (Judicial) of this Court.

(iii) The applicants are further permitted to withdraw 25% of the amount of compensation with accrued interest thereon on furnishing solvent surety/security to the satisfaction of Registrar (Judicial) of this Court. (iv) The Civil Application is accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) vvr