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Bombay High CourtCA/7353/2017disposed offdismissed for default

Harirang Sandu Ambhore And Others v. The Executive Engineer, Minor Irrigation Division No.1, Aurangabad And ANR

2017-06-07Hon'Ble Shri Justice V.K. Jadhav3 pages

(1) 908 CIVIL APPLICATION NO. 7350 OF 2017 IN FAST/587/2016 JAYAJI LAXMAN SUSTE

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION NO.1, AURANGABAD AND ANR Advocate for Applicant : Adkine Sonaji K AGP for Respondent State:Mr.S.P.Sonpawale Mr. J.R.Patil, Adv., h/f Mr. G.B. Rajale, Adv., for R/1. 909 CIVIL APPLICATION NO. 7351 OF 2017 IN FAST/581/2016 WITH CA/7352/2017 IN FAST/560/2016 WITH CA/7353/2017 IN FAST/575/2016 WITH CA/7354/2017 IN FAST/556/2016 WITH CA/7355/2017 IN FAST/611/2016 WITH CA/7356/2017 IN FAST/572/2016 WITH CA/7357/2017 IN FAST/598/2016 WITH CA/7358/2017 IN FAST/595/2016 WITH CA/7384/2017 IN FAST/563/2016 WITH CA/7386/2017 IN FAST/605/2016 WITH CA/7387/2017 IN FAST/578/2016 WITH CA/7390/2017 IN FAST/584/2016 WITH

(2) CA/7391/2017 IN FAST/590/2016 ASHOK PUNJAJI SUSTE

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION NO.1, AURANGABAD AND ANR CORAM : P.R. BORA, J.

Dated: June 07, 2017 PER COURT :- 1.

Learned Counsel for the applicants submits that in earlier matter arising out of the same acquisition proceedings this Court, vide order passed on 21.11.2016, in Civil Application No.13850 of 2016 has permitted the applicants therein to withdraw 70 per cent of the deposited amount on submitting an undertaking. Learned Counsel appearing for the acquiring body does not dispute correctness of the submission so made. Copy of the earlier order is also placed on record. In view of the above, following order is passed:

ORDER

1.

The applicants are permitted to withdraw 70 per cent of the deposited amount on submitting an undertaking that in the event any adverse order is passed, the applicants will re-deposit the amount so withdrawn by the applicants within four months of passing of such order.

(3) 2.

Balance 30 per cent amount be invested in any nationalized Bank in Fixed Deposit Receipt initially for a period of two years and if required, for a further period till the disposal of the appeal.

3.

Civil Applications for withdrawal of amount stand disposed of.

( P.R. BORA, J. )