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Bombay High CourtCA/9648/2017disposed offdismissed for default

A. Hussain A. Shakur Deshmukh (Deceased) Thr Lrs Julekhabegum And ORS v. The Executive Engineer, Lower Dudhana Project Div Sailu, Thr Jalna Irrigation Div.,Jalna And ORS

2017-07-21Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.9648/2017 939 CIVIL APPLICATION NO. 9648 OF 2017 IN FA/3870/2016 A. HUSSAIN A. SHAKUR DESHMUKH (DECEASED) THR LRS JULEKHABEGUM AND ORS

VERSUS

THE EXECUTIVE ENGINEER, LOWER DUDHANA PROJECT DIV. SAILU, THR JALNA IRRIGATION DIV. AND OTHERS.

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Advocate for Applicants : Mr.Koralkar Arun H. AGP for Respondent State: Mr. R.B.Bagul Mr.R. C. Patil, Adv., for respondent no.1.

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CORAM : P.R. BORA, J.

Dated: July 21, 2017 ...

PER COURT :- 1.

Heard learned Counsel appearing for the parties. It is brought to my notice that in companion matters this Court ( Coram: V.K.Jadhav, J.), on 17th February, 2017, in C.A.No.2360 of 2017, with connected matters, has permitted withdrawal of 50 per cent of the deposited amount on furnishing undertaking, 25 per cent on furnishing solvent surety and has directed investment of the remaining 25 per cent amount in Bank deposit. Learned Counsel has prayed for passing similar orders. Hence, the following order:

ORDER

1.

The applicants are permitted to withdraw 50 per cent agp/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.9648/2017 of the amount deposited before this Court on furnishing undertaking and 25 per cent of the amount on furnishing solvent surety to the satisfaction of the Registrar (Judicial) and the remaining 25 per cent of the amount shall be kept in F.D.R. in any nationalized Bank initially for a period of two years and thereafter renewal as per directions of this Court till the disposal of the appeal. Civil Application is accordingly disposed of. ( P.R. BORA, J. ) ...

agp/-