Bhagwat Vitthalrao Kate v. The Executive Engineer Lower Dudhana Project Division Sailu And ANR

916-6563-16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6563 OF 2016 IN FA/1537/2016 BHAGWAT VITTHALRAO KATE

VERSUS

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

Advocate for Applicant : Rakh Asha D.

AGP for Respondent: Mr. K.D. Munde CORAM : V. K. JADHAV, J.

DATED : 6th MAY, 2016 PER COURT:- Heard learned counsel for the applicant and learned AGP for the respondent/State. None present for the respondent - acquiring body. 2.

The applicant original claimant is hereby permitted to withdraw the amount to the extent of 75% out of the amount deposited by the respondent before this court, on following conditions:- i) The applicant shall execute individual undertaking to the extent of 50% of the withdrawal to the satisfaction of the Registrar (Judicial) of this court and for remaining 25% of the amount, the applicant shall furnish solvent surety to the satisfaction of Registrar (Judicial) of this court. ii) Remaining 25% of the amount shall be kept in fixed deposit in any Nationalized Bank initially for a period of three years and thereafter periodically.

2.

Civil application is disposed of.

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