Kokilabai Chhagan Patil v. The Executive Engineer Hatnoor Project Chopada And ORS

2024:BHC-AUG:28003-DB 931-CA-9367-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9367 OF 2024 IN FIRST APPEAL NO. 3015 OF 2022 Kokilabai Chhagan Patil ..APPLICANT

VERSUS

The Executive Engineer, Hatnoor Project, Chopada and Others ..RESPONDENTS ....

Mr. V.B. Patil, Advocate for applicant Mr. V.V. Tarde, Advocate for respondent no.1 Mr. S.D. Ghayal, Addl.G.P. for respondent nos. 2 and 3 ....

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ DATE : 29th NOVEMBER, 2024 PER COURT :

1.

This is an application for withdrawal of 75% of the amount deposited by the acquiring body.

2.

Learned counsel for respondent no.1 - acquiring body submits that the acquiring body has deposited 75% of the decretal amount. 3.

Learned counsel for the applicants submits that in fact the amount deposited by the acquiring body comes to 71% of the decretal amount. 1 / 2

931-CA-9367-24.odt 4.

The applicants have already withdrawn 20% of the amount deposited by the acquiring body. After hearing both the sides, we allow the applicant to withdraw 30% of the amount deposited by the acquiring body with interest accrued thereon on furnishing usual undertaking before the Registrar (Judicial) of this Court.

5.

Civil application stands disposed of accordingly. ( NEERAJ P. DHOTE, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2