Baburao Malikarjun Patil v. The Union Of India Through Deputy Chief Engineer (Construction) Central Railway Pune-1 And Another

1 ca 6421.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH

AT AURANGABAD CIVIL APPLICATION NO. 6421 OF 2015 IN FIRST APPEAL STAMP NO. 34055 OF 2014 Baburao Malikarjun Patil .. Applicant

Versus

The Union of India, Through Deputy Chief Engineer (Construction) Central Railway Pune-1 and another .. Respondents WITH CIVIL APPLICATION NO. 6392 OF 2015 IN FIRST APPEAL STAMP NO. 34052 OF 2014 Bhaguram Shankar Bhalerao Died through his L.Rs. Bayanabai Bhaguram Bhalerao and others .. Applicants

Versus

The Union of India, Through Deputy Chief Engineer (Construction) Central Railway Pune-1 and another .. Respondents Shri Ajeet B. Kale, Advocate for the Applicant in both matters. Shri Soman, Advocate h/f Shri D. V. Soman, Advocate for the Respondent No. 1 in both matters.

Shri G. R. Ingole Patil, A.G.P. for the Respondent No. 2 in both matters.

CORAM :

S. V. GANGAPURWALA, J.

DATE :

28TH AUGUST, 2015.

2 ca 6421.15 PER COURT :

.

These are the applications for withdrawal of amount. Mr. Soman, the learned counsel for the non applicant No. 1 opposes the application on the ground exorbitant compensation has been awarded by the Reference Court.

2.

Today the award is in favour of applicants. So also interest of non applicants is required to be safeguarded. 3.

Considering the above, I pass the following order. 4.

The applicants are allowed to withdraw 50% of the amount deposited on submitting an undertaking to the Court that in the event, the applicants are directed to deposit the amount, the applicants would deposit the same within a period of one month. The applicants are further allowed to withdraw 50% of the amount deposited on submitting solvent security/surety of the like amount. The civil applications are disposed of.

[ S. V. GANGAPURWALA, J. ] bsb/Aug. 15