Fulchand Bandu Dhanawat v. The Executive Engineer, Minor Irrigation Div.No.1, Aurangabad Thr G.M.I.D.C. And ORS

975 ca.10266.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 10266 OF 2016 IN FA/774/2016 FULCHAND BANDU DHANAWAT

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV.NO.1, AURANGABAD THR G.M.I.D.C. AND OTHERS ...

Advocate for Applicants : Mr. Ajeet B. Kale.

Advocate for Respondent No.1 : Mr. S. G. Bhalearao. AGP for Respondent No.3 : Mr. K. N. Lokhande. ...

CORAM :

P. R. BORA, J.

DATE :

22nd July, 2016.

P.C.:

.

By filing the present application, the original Claimant is seeking withdrawal of the amount deposited in the present appeal by the Appellant acquiring body. The learned counsel for the Appellant acquiring body has opposed the application.

After having considered the contentions raised in the application and after having gone through the grounds of objections raised in the memo of appeal in exception to the impugned award, I deem it appropriate to pass the following order -

O R D E R

I.

The Applicant is permitted to withdraw 50% of the

975 ca.10266.16.odt total amount on submitting an undertaking that in the event of passing of any adverse order against him, he shall redeposit the said amount within a period of six months from the date of passing of such order.

II.

The Applicant is permitted to withdraw more 25% of the total amount on furnishing bank guarantee in the like amount in the Registry of this Court. III.

The balance 25% of the total amount shall be invested in FDR in any nationalized any initially for the period of one year with a further direction to renew the said FDR, if so required, till the decision of the present appeal.

IV.

Civil application stands disposed of.

[ P. R. BORA, J. ] ndm