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Bombay High CourtCA/6176/2021disposed off

Village Grampanchayat Narayandoha, Thr Sarpanch, Savita Kishor Gaikwad And Another v. The Exe. Director, Krishna Khore Mahamandal Thr Exe. Engineer, Minor Irri. Div.Ahmednagar And ANR

2021-07-16Hon'Ble Shri Justice R. G. Avachat2 pages

993-CA-6176-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6176 OF 2021 IN FIRST APPEAL NO. 766 OF 2014 Village Grampanchayat, Narayandoha Through it's Sarpanch and Another ..APPLICANTS

VERSUS

The Executive Director, Krishna Khore Mahamandal Through Executive Engineer and Another ..RESPONDENTS ....

Mr. R.K. Temkar, Advocate for applicants Mr. G.B. Rajale, Advocate for respondent no.1 Mr. S.S. Dande, A.G.P. for respondent no.2 - State ....

CORAM : R.G. AVACHAT, J.

DATE : 16th JULY, 2021 PER COURT :

1.

Heard. Mr. Rajale, learned counsel for Respondent No.1 strongly opposes withdrawal of amount.

2.

Perused the impugned award. For the reasons given in the application, the applicants are permitted to withdraw 75% of the amount deposited in this Court under award, 50% on submitting an undertaking to the executing Court that in the event appeal is allowed then the applicants are directed to deposit the amount, they shall deposit the same within a 1 / 2

993-CA-6176-21.odt period of one month and 25% on submitting solvent security/surety of the like amount. Remaining 25% of the amount deposited be kpt in fixed deposit of any nationalized bank.

3.

Civil application is disposed of.

( R.G. AVACHAT, J. ) SSD 2 / 2