Babarao Dattatraya Ujankar And ORS v. The Ex. Engineer, (P.T. And M.I. Works) No.1, Osmanabad And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6608 OF 2021 IN FIRST APPEAL NO. 3317 OF 2019 Shivajirao Dattatray Ujankar and Another ..APPLICANT

VERSUS

The Executive Engineer, PT and MI Works No.1, Osmanabad and Others ..RESPONDENTS AND CIVIL APPLICATION NO. 6609 OF 2021 IN FIRST APPEAL NO. 3312 OF 2019 Hanumant Prabhu Ujankar and Others ..APPLICANT

VERSUS

The Executive Engineer, PT and MI Works No.1, Osmanabad and Others ..RESPONDENTS AND CIVIL APPLICATION NO. 6610 OF 2021 IN FIRST APPEAL NO. 3318 OF 2019 Gorakh Pandurang Kallamkar (Died) Through L.Rs.

Sharada Gorakh Kallamkar and Another ..APPLICANTS

VERSUS

The Executive Engineer, PT and MI Works No.1, Osmanabad and Others ..RESPONDENTS 1 / 3

AND CIVIL APPLICATION NO. 6611 OF 2021 IN FIRST APPEAL NO. 3319 OF 2019 Babarao Dattatray Ujankar and Others ..APPLICANTS

VERSUS

The Executive Engineer, PT and MI Works No.1, Osmanabad and Others ..RESPONDENTS ....

Mr. V.S. Undre, Advocate for applicants Ms. Suchita Dhongade, Advocate h/f Mr. S.D. Dhongade, Advocate for respondent no.1 Mr. K.S. Patil, A.G.P. for respondent - State ....

CORAM : R.G. AVACHAT, J.

DATE : 02nd AUGUST, 2021 PER COURT :

1.

Heard. Perused the impugned award.

2.

Learned counsel for the acquiring body strongly objects to permit withdrawal of amount.

3.

For the reasons given in the applications, the applicants are permitted to withdraw 75% of the amount deposited in this Court under award, 50% on furnishing an undertaking to the satisfaction of the Registrar (Judicial) of this Court and 25% on submitting solvent surety/security/bank guaranty in the like amount. Balance 25% amount be invested in fixed 2 / 3

deposit in any nationalised bank till disposal of the appeals. Civil applications stand disposed of accordingly.

( R.G. AVACHAT, J. ) SSD 3 / 3