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Bombay High CourtCA/8689/2016disposed offdismissed for default

Sanjivanibai Vithalrao Kate v. The Executive Engineer Lower Dudhana Project Division Sailu And ANR

2016-07-08Hon'Ble Shri Justice V.K. Jadhav2 pages

ca8689.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8689 OF 2016 IN FAST/30689/2015 SANJIVANIBAI VITHALRAO KATE

VERSUS

THE EXECUTIVE ENGINEER LOWER DUDHANA PROJECT DIVISIONSAILU AND ANR ...

Advocate for Applicant : Mr. Gore Ravindra Vitthal Advocate for Respondent No.1: Mr. B.R. Survase AGP for Respondent No.2 : Mr. K.N. Lokhande .....

CORAM : V. K. JADHAV, J.

DATED : 8th JULY, 2016 PER COURT:- 1.

Heard both sides.

2.

Mr. Survase, learned counsel appearing for respondent No.1 acquiring body, has no objection, if the applicant is permitted to withdraw the amount by imposing certain conditions. In view of the above, the following order would meet the ends of justice. I) The applicant is permitted to withdraw 50% of the amount on furnishing undertaking to the satisfaction of Registrar (Judicial) of this Court and 25% of the amount on furnishing solvent surety to the satisfaction of Registrar (Judicial) of this Court.

ca8689.16 -2II) The remaining 25% amount shall be kept in fixed deposit in any Nationalized Bank, initially for a period of three years and fixed deposit shall be renewed thereafter from time to time, till disposal of appeal.

III) Civil application is disposed of.

( V. K. JADHAV, J.) rlj/