Kishor Hiraman Patil v. The Ex. Engineer, Minor Irrigation Division, (M.I.W) Jalgaon And Others

1053CA6510.2021 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 6510 OF 2021 IN FIRST APPEAL NO. 3203 OF 2019 Hirkorbai Dharamsing Patil ...Applicant

Versus

The Executive Engineer, Minor Irrigation Division, MIW, Jalgaon & Ors. ...Respondents .....

Shri. Vijay B. Patil, Advocate for the applicant Shri. S. S. Chillarge, Advocate for respondent No. 1 Respondent nos. 2 and 3 served .....

WITH FIRST APPEAL NO. 3203 OF 2019 AND CIVIL APPLICATION NO. 6507 OF 2021 IN FIRST APPEAL NO. 3200 OF 2019 WITH FIRST APPEAL NO. 3200 OF 2019 CORAM : R. G. AVACHAT, J.

DATE : 30th JULY, 2021 PER COURT : - 1.

Heard learned Counsel appearing on behalf of the respective parties.

SG Punde, PA

1053CA6510.2021 -22.

Only 25% of the amount under the Award has been deposited. The learned Counsel for the applicant / acquiring Body submits that, the enhancement is manifold and appellant has every hope of success in appeals. He has therefore strongly objected for permitting withdrawal of the amount.

3.

Perused the applications and the impugned award. 4.

Since the amount deposited is not more than 25% of the impugned Award, I am inclined to permit its withdrawal. The applicants are permitted to withdraw 50% of the amount deposited in this Court, on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. The applicants are further allowed to withdraw 50% of the amount deposited in this Court, on submitting solvent surety / security.

5.

The Civil Applications for withdrawal of the amount, are accordingly disposed of.

[ R. G. AVACHAT ] JUDGE SG Punde, PA