Abhimanu S/O Digambar Waghmare (Died) Thr Lrs Sunil And ORS v. The Ex. Engineer, Irrigation Department (Diev) Osmanabad And ORS

(1) 936 CA-9106.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO.9106 OF 2022 IN FAST/23133/2020 ABHIMANU S/O DIGAMBAR WAGHMARE (DIED) THROUGH LRS SUNIL AND OTHERS

VERSUS

THE EX. ENGINEER, IRRIGATION DEPARTMENT (DIEV) OSMANABAD AND OTHERS ...

Mr. Ramesh Naiknaware, Advocate for the applicants. Mr. P.M. Kulkarni, A.G.P. for respondent - State. Mr. S.P. Sonpawale, Advocate for respondent No.1. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

20.12.2022.

ORDER:- 1.

Heard rival submissions. The applicants are seeking withdrawal of entire compensation amount which has been deposited by the Acquiring Body. The learned Counsel for the Acquiring Body strongly opposed the application on the ground that the learned Reference Court has granted exorbitant compensation. In view of the same, the applicants herein are permitted to withdraw 50% of the deposited amount alongwith the interest accrued thereon, on furnishing usual undertaking to the satisfaction of the Registrar (Judicial ) of this Court and 25% of the deposited amount alongwith the interest by furnishing solvent surety / security. The remaining

(2) 936 CA-9106.2022.odt amount be invested in F.D.R. in any Nationalized Bank on yearly renewal basis till final disposal of appeal. 2.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde