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Bombay High CourtCA/7391/2023admittedallowedgrantedrule absolute

Shriram Omkar Patil And ORS v. The Ex. Engineer, Girna Cannal Renovation Div- Ii Jalgaon And ORS

2024-12-13Hon'Ble Shri Justice Kishore C. Sant3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 59 CIVIL APPLICATION NO. 5712 OF 2021 IN FAST/5854/2020 AND CIVIL APPLICATION NO. 5713 OF 2021 IN FAST/5854/2020 AND CIVIL APPLICATION NO. 13028 OF 2024 IN FAST/5854/2020 AND 65 CIVIL APPLICATION NO. 7391 OF 2023 IN FA/31/2022 AND CIVIL APPLICATION NO. 13099 OF 2024 IN FA/31/2022 AND 104 CIVIL APPLICATION NO. 13100 OF 2024 IN FA/984/2021 AND CIVIL APPLICATION NO. 6016 OF 2021 IN FA/985/2021 AND CIVIL APPLICATION NO. 6013 OF 2021 IN FA/984/2021 AND CIVIL APPLICATION NO. 13098 OF 2024 IN FA/985/2021 THE EX. ENGINEER, GIRNA CANNEL RENOVATION DIVISION2, JALGAON AND ANR ....Applicant

VERSUS

(2) RAMESH SHAMRAO KOLI THR SUBHASH SHAMRAO KOLI AND ORS .....Respondent Mr. A. D. Pawar, Advocate for the applicant Mr. A. B. Kale, Advocate for the respondent No.1 Mr. K. S. Patil, AGP for the respondents/State CORAM : KISHORE C. SANT, J.

DATE : 13th DECEMBER, 2024 P. C.

DIRECTION 1.

These civil applications are filed seeking direction to the acquiring body-appellant to deposit the amount of 25% as per award in the office of this court. It is submitted that 25% amount is already deposited in the office of this court. Further it is pointed out that in the similar matters arising out of the same acquisition proceeding i.e. fist appeal, the Division Bench of this court had directed to deposit the further amount of 25%. 2.

In view of the same, the respondents-acquiring body is directed to deposit further 25% amount as per award within six weeks.

(3) WITHDRAWAL 1.

The appellant has already deposited the 50% of the amount (25% + 25%).

2.

In view of the order passed by the Division Bench, this the applicants are permitted to withdraw another 25% of the amount alongwith accrued interest subject to furnishing usual undertaking.

3.

With this, applications stand disposed off.

[KISHORE C. SANT, J.] VishalK/59ca5712.21