Kishan Namdeo Nagargoje v. Godavari Minor Irrigation Dvelopment Corporation Thr Its Exe Engineer And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8635 OF 2015 FIRST APPEAL NO.666 OF 2015 Vasant Kishandev Khedkar CIVIL APPLICATION NO.8636 OF 2015 FIRST APPEAL NO.660 OF 2015 Kishan Namdeo Nagargoje CIVIL APPLICATION NO.8637 OF 2015 FIRST APPEAL NO.659 OF 2015 Harichandra Eknath Khedkar

-2CIVIL APPLICATION NO.8638 OF 2015 FIRST APPEAL NO.665 OF 2015 Changdev Annasaheb Kedar CIVIL APPLICATION NO.8639 OF 2015 FIRST APPEAL NO.668 OF 2015 Limbaji Eknath Sanap CIVIL APPLICATION NO.8640 OF 2015 FIRST APPEAL NO.661 OF 2015 Arun Pandharinath Sirsat

-3CIVIL APPLICATION NO.8641 OF 2015 FIRST APPEAL NO.663 OF 2015 Shivram Raghunath Ghule CIVIL APPLICATION NO.8642 OF 2015 FIRST APPEAL NO.662 OF 2015 Nivarti Maliba Tandale CIVIL APPLICATION NO.8643 OF 2015 FIRST APPEAL NO.667 OF 2015 Pandharinath Tulshiram Sirsat Mr S.S. AKulkarni, Advocate for applicants Mr B.R. Surwase, Advocate for respondent No.1 Mr P.P. More, A.G.P. for respondent Nos.2 and 3

-4- CORAM : N.W. SAMBRE, J.

DATE : 29th July 2015 PER COURT 1.

These are the applications for withdrawal of the amount. Mr Surwase, learned Counsel and learned A.G.P. opposes the application on the ground that the reference Court has awarded exorbitant compensation. 2.

The award is in favour of the present applicants. It is in nobody's interest to keep the amount idle. At the same time, the amount deposited needs to be safeguarded.

3.

As such, the applicants are allowed to withdraw 80% of the amount on submitting undertaking to this Court that in the event if the appeal is allowed and the applicants are required to deposit the amount, they shall deposit the same.

4.

Remaining amount of 20% be kept in Fix Deposit of any Nationalized Bank.

5.

Civil Applications stand disposed of.

( N.W. SAMBRE, J. ) vvr

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