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Bombay High CourtCA/10718/2016disposed offdismissed for default

Vikas Balaji Parsewar v. The Dy Chief Engineer (Construction) Office Of The Dy. C.E. (C), Central Railway, Pune And ANR

2016-08-08Hon'Ble Shri Justice P.R. Bora2 pages

ca.10718.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO.:10718 OF 2016 IN FIRST APPEAL NO.:42 OF 2016 VIKAS BALAJI PARSEWAR

VERSUS

THE DY CHIEF ENGINEER (CONSTRUCTION) OFFICE OF THE DY. C.E. (C), CENTRAL RAILWAY, PUNE AND ANOTHER *** Mr. Suraj V. Gundre, Advocate for Applicant.

Mr. Manish N. Navandar, Advocate for Respondent No.1. Mr. G. O. Wattamwar, A.G.P. for Respondent No.2. *** CORAM :

P. R. BORA, J.

DATE :

08th August, 2016.

P.C.:

.

Heard learned Counsel for the applicant/original claimant and learned Counsel for acquiring body. Considering the contentions raised in the application for withdrawal of amount and having regard to the objections raised by the acquiring body in exception to the impugned award, I deem it appropriate to passed the following order:

O R D E R

I) Application is partly allowed.

II) Applicants are permitted to withdraw 60% of the amount deposited by the acquiring body in this Court on

ca.10718.16.odt submitting an undertaking that in event any adverse order is passed, they will redeposit the amount within four months from the date of such order.

III) Applicants are permitted to withdraw balance 40% of the amount on furnishing bank guaranty in the like amount of any nationalised or scheduled bank.

IV) Civil application stands disposed of.

[ P. R. BORA, J. ] ndm