Shyamrao Trimbak Kale And Others v. The Godavari Marathwada Irrigation Development Corporation Through Ex. Engineer, Aurangabad And ANR

967 ca6821.17 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 967 CIVIL APPLICATION NO. 6821 OF 2017 IN FA/2917/2013 WITH CA/12712/2013 IN FA/2913/2013 WITH CA/12722/2013 IN FA/2917/2013 WITH CA/1745/2014 IN FA/2913/2013 WITH CA/1751/2014 IN FA/2917/2013 SHYAMRAO TRIMBAK KALE AND OTHERS

VERSUS

THE GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION THROUGH EX. ENGINEER, ...

Advocate for Applicants : Mr. Sonawane Charudatta K AGP for Respondent No.2: Mr. P.G. Borade Advocate for Respondent No.1 : Mr. A.M. Gaikwad .....

CORAM : V. K. JADHAV, J.

DATED : 23rd JUNE, 2017 PER COURT:- 1.

Leave to amend the prayer clauses.

2.

Learned counsel for the applicants submits that the respondent acquiring body has deposited 50% of the amount of award in the executing Court as directed by this Court and in the appeals arises out of the same acquisition proceeding, the applicants therein were permitted to withdraw entire amount deposited before the executing Court.

3.

Learned counsel for the respondent acquiring body has not disputed this position.

967 ca6821.17 -24.

In view of the above and for the reasons stated in the civil applications, the applicants are permitted to withdraw the entire amount (i.e. 50% of the amount under award passed by the reference court) on furnishing undertaking to the satisfaction of executing Court. Civil applications for withdrawal of amount are disposed of.

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