Vithal Babasaheb Waghmode And ORS v. The Executive Engineer Osmanabad Medium Project Division, Osmanabad And Others

973-CA-6858-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6858 OF 2021 IN FIRST APPEAL NO. 3300 OF 2017 Vithal Babasaheb Waghmode and Others ..APPLICANTS

VERSUS

The Executive Engineer, Medium Project Division, Osmanabad and Others ..RESPONDENTS ....

Mr. E.S. Murge, Advocate for applicants Mr. R.A. Tambe, Advocate for respondent no.1 Mr. A.B. Chate, A.G.P. for respondent nos. 2 and 3 ....

CORAM : R.G. AVACHAT, J.

DATED : 25th AUGUST, 2021 PER COURT :

1.

Heard. Perused the impugned award.

2.

Learned Counsel for Respondent No.1 - acquiring body strongly objects to permit withdrawal of amount. He relied on the judgment in the case of Executive Engineer, Minor Irrigation Division, Jalgaon Vs. Vitthal Damodar Patil reported in (2019) 7 SCC 225.

1 / 2

973-CA-6858-21.odt 3.

For the reasons given in the application, the applicants are permitted to withdraw 50% of the amount in deposited, on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. The balance amount be invested in fixed deposit in any nationalized bank, till disposal of the appeal. Civil application stands disposed of accordingly. ( R.G. AVACHAT, J. ) SSD 2 / 2