Indirabai Subhash Pardeshi v. The Ex. Engineer, Minor Irrigation Division, (M.I.W) Jalgaon And Others

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

CIVIL APPLICATION NO. 6499 OF 2021 FIRST APPEAL NO. 3197 OF 2019 Bhagwat Aadhar Thakur ...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 .....

FIRST APPEAL NO. 3203 OF 2019 CIVIL APPLICATION NO. 6508 OF 2021 FIRST APPEAL NO. 3201 OF 2019 FIRST APPEAL NO. 3201 OF 2019 CIVIL APPLICATION NO. 6501 OF 2021 FIRST APPEAL NO. 3199 OF 2019 FIRST APPEAL NO. 3199 OF 2019 CIVIL APPLICATION NO. 6500 OF 2021

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

These are the applications for withdrawal of the amount. 2.

Heard learned Counsel appearing on behalf of the respective parties.

3.

Only 25% of the amount under the Award has been deposited. The learned Counsel for the respondent / acquiring Body submits that, the enhancement is manifold and the respondent (original appellant) has every hope of success in appeals. He has, therefore, strongly objected for permitting withdrawal of the amount. 4.

Perused the applications and the impugned award.

-45.

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 100% of the amount deposited in this Court, on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

6.

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

[ R. G. AVACHAT ] JUDGE