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Bombay High CourtCA/7239/2019disposed offdismissed for default

Fulchand Maruti Dhole v. The Executive Engineer, Minor Irrigation Division, Osmanabad Thr Gmidc, Aurangabad And ANR

2019-06-28Hon'Ble Smt. Justice Vibha Kankanwadi1 pages

969-ca-7239-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 969 CIVIL APPLICATION NO.7239 OF 2019 IN FAST/1147/2017 WITH CA/7240/2019 IN FAST/2159/2017 FULCHAND MARUTI DHOLE

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD THR GMIDC, AURANGABAD ...

Advocate for Applicants : Mr. Ingale Vivekanand V. Advocate for Respondent No.1 : Mr. A.N. Gaddime AGP for Respondent No.2 : Mr. P. M. Kulkarni ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 28th JUNE 2019 ORDER :

1.

Present applications have been filed for withdrawal of the amount. The acquiring body has deposited entire amount together with interest. However, the appeals have been filed challenging the quantum on the ground that it is exorbitant. Under such circumstance, in order to protect the interest of both the parties, the applicants are allowed to withdraw 50% of the amount deposited in this Court by filing an undertaking within a period of eight weeks that they would make good those respective amounts, if they are directed at the time of final disposal of the First Appeal.

2.

Civil Applications stand disposed of accordingly. ( Smt. Vibha Kankanwadi, J. ) Shubham/