Ravindra Kadappa Sherkhane v. The Executive Engineer, Medium Project Division, Osmanabad And ORS

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 65 CIVIL APPLICATION NO.5398 OF 2017 IN FA/3242/2016 WITH FA/3244/2016 WITH CA/5399/2017 IN FA/3243/2016 WITH CA/5400/2017 IN FA/3241/2016 RAVINDRA KADAPPA SHERKHANE

VERSUS

THE EXECUTIVE ENGINEER, MEDIUM PROJECT DIVISION, OSMANABAD AND ORS ...

Advocate for Applicant/s : Mr. Tanwade Vikas S. Mr. S. B. Bhosale, Adv. For R/1 Mr. SM Ganachari, AGP for Respondent No.2.

----- CORAM : P.R.BORA, J.

DATE :

th June,2017.

PER COURT :

1) Heard Shri Tanwade, learned counsel appearing for the applicant/s, i.e. original claimant/s; Shri Bhosale, learned counsel appearing for the acquiring body and learned AGP for State.

2) Having regard to the grounds of objections raised in the memo of appeal in exception to the impugned award and considering

the averments made in the application for withdrawal of the amount, I deem it appropriate to pass the following order, -

ORDER

i) The applicants are at present permitted to withdraw 25% of the deposited amount on submitting an undertaking to the effect that in event any adverse order is passed against them, they will re-deposit the said amount within four months of passing such order;

ii) The applicants are further permitted to withdraw 25% of the amount on furnishing bank guarantee in the like amount to the satisfaction of the Registrar (Judicial) of this Court;

iii) Balance 50% be invested in Fixed Deposit Receipt (FDR) of any Nationalized Bank, initially for a period of two years; and if so required, for further period till disposal of the appeal; iv) Civil Application for withdrawal of the amount stands disposed of.

(P.R.BORA,J.) bdv/