← Library
Bombay High CourtCA/5301/2025admittedallowedgrantedrule absolute

Atmaram Dinanath Khote (Died) Thr Lrs Indrabai And ORS v. The Godawari Marathwada Irrigation Development Corporation Ltd. Aurangabad

2025-07-11Hon'Ble Shri Justice Kishore C. Sant2 pages

2025:BHC-AUG:18225 1 908-CA 5301-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5301 OF 2025 IN FA/2338/2023 Atmaram Dinanath Khote (died) Through L.Rs. Indrabai Atmaram Khote And Others .. Applicants

Versus

The Godawari Marathwada Irrigation Development Corporation Ltd. Aurangabad and another .. Respondents Mr. Mahesh P. Kale, Advocate for the Applicants. Mr. Anand Chawre, Advocate for Respondent No. 1. Smt. A. S. Deshmukh, AGP for Respondent No. 2. CORAM : KISHORE C. SANT, J.

DATE : 11th JULY, 2025.

PER COURT :- .

Heard the parties.

2.

This application is filed for modification of an order dated 24.10.2024 passed by this Court. This Court by the said order permitted the applicants to withdraw 50% of the amount deposited in the office of this Court along with accrued interest. The present application is moved expressing a difficulty that all

2 908-CA 5301-2025.odt the four applicants are having four different accounts and they are residing separately. They do not have any common account. The modification is therefore sought that, each of the applicant be permitted to withdraw the amount to his extent. 3.

Considering the above, clause No. 1 of the order dated 24.10.2024 be read as under :

"1.

Each of the applicant is permitted to withdraw 50% of the amount of his share deposited in the office of this Court along with accrued interest as per the award on furnishing usual undertaking."

4.

Necessary corrections be carried out and fresh order be uploaded.

5.

The civil application stands disposed of.

( KISHORE C. SANT, J. ) P.S.B.