Arvind Ankushrao Ghare v. The Ex. Engineer, M.I.W. Div. Jalna And ORS

975 ca7823.17 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 975 CIVIL APPLICATION NO. 7823 OF 2017 IN FA/3501/2015 ARVIND ANKUSHRAO GHARE

VERSUS

THE EX. ENGINEER, M.I.W. DIV. JALNA AND ORS ...

Advocate for Applicants : Mr. Kakade Deepak M. AGP for Respondent-State: Mr. P.G. Borade Advocate for Respondent-acquiring body : Mr. R.C. Patil .....

CORAM : V. K. JADHAV, J.

DATED : 23rd JUNE, 2017 PER COURT:- 1.

Learned counsel for the applicants submits that in the appeals arise out of the same acquisition proceedings, this Court by order dated 9.10.2015 permitted the applicants therein to withdraw 75% amount on certain conditions.

2.

Learned counsel for the respondent acquiring body has also not disputed this position.

3.

In view of the above and for the reasons stated in the civil application, the applicants herein are also permitted to withdraw 50% amount on furnishing undertaking and 25% amount on furnishing solvent security/surety to the satisfaction of Registrar (Judicial) of this Court. The remaining 25% amount be invested in fixed deposit in any Nationalized Bank, initially for a period of three years and fixed deposit

975 ca7823.17 -2be renewed thereafter from time to time till disposal of first appeal. Civil application for withdrawal of amount is disposed of. 4.

In first appeal, issue notice to the respondents, returnable on 07.08.2017.

5.

Learned counsel waives notice of respondents-claimants and learned A.G.P. waives notice of respondent-State/authority. Call for record and proceedings.

( V. K. JADHAV, J.) rlj/