Santosh Bajirao Patil And ANR v. The Executive Engineer Irrigation Project Strengthening Dvision And ORS

2024:BHC-AUG:14322 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 54 CIVIL APPLICATION NO. 3695 OF 2024 IN FA/797/2023 AND CIVIL APPLICATION NO. 3694 OF 2024 IN FA/796/2023 AND CIVIL APPLICATION NO. 3697 OF 2024 IN FA/798/2023 AND CIVIL APPLICATION NO. 3698 OF 2024 IN FA/799/2023 BAJIRAO JANOJIRAO PATIL SINCE DEAD THROUGH LRS AND ORS .....Applicants

VERSUS

THE EXECUTIVE ENGINEER IRRIGATION PROJECT STRENGTHENING DVISION AND ORS .....Respondents Mr. G. V. Patil, Advocate for the applicant Adv. S. D. Shelke, Advocate for respondent No.1 to 3 Mr. S. K. Shirse, AGP for the respondents/State CORAM :

KISHORE C. SANT, J.

DATE :

12th JULY, 2024 P. C.

1.

These applications are for withdrawal of the amount

(2) deposited by the acquiring body in this court pursuant to the impugned judgment and award.

2.

The applications are vehemently opposed by the acquiring body.

3.

However, since the amount is already deposited it will not be in the interest of justice to keep the amount idle in the office of this court. Hence, the following order:-

ORDER

a] The applications are allowed.

b] The applicants are entitled to receive 50% of the amount of deposited alongwith accrued interest on furnishing usual undertaking. Further 25% of the amount deposited alongwith accrued interest is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this court. Balance amount be

(3) invested in fixed deposit in any nationalized bank pending the appeal.

c] The applications stand disposed off.

[KISHORE C. SANT, J.] VishalK/54ca3695.24