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Bombay High CourtCA/5242/2023disposed off

Achyut Sopan Lomte Died Thr Lrs Sumitra Died Thr Lrs Hanumant A Lomte v. The Ex. Engineer, Medium Project Division, Osmanabad And ORS

2023-07-12Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 969 ca 5242-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 969 CIVIL APPLICATION NO.5242 OF 2023 IN FAST/31078/2019 ACHYUT SOPAN LOMTE DIED THR LRS SUMITRA DIED THR LRS HANUMANT A LOMTE

VERSUS

THE EX. ENGINEER, MEDIUM PROJECT DIVISION, OSMANABAD AND ORS ...

Advocate for Applicant : Mr. V. V. Tarde AGP for Respondent Nos.2 & 3: Mr. B. V. Virdhe ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 12/07/2023.

P. C. :

1.

Heard learned counsel. The learned counsel for the acquiring body despite last chance, failed to appear.

2.

The applicants are seeking withdrawal of the entire amount of compensation, which has been deposited by the acquiring body alongwith the interest accrued thereon.

3.

Vide order dated 20/04/2023, this court in other connected matters, has already permitted the applicants therein to withdraw 75% of the total compensation amounts. In view of the same the present applicants are permitted to withdraw 75% of the deposited amount i.e. 50% on usual undertaking and 25% on furnishing solvent security / surety alongwith the accrued interest thereon to the satisfaction of the Registrar (Judicial) of this court.

2 969 ca 5242-23 4.

The remaining amount be invested in FDR in any nationalized bank on yearly renewal basis till fnal disposal of the appeal. 5.

The civil application is accordingly disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-