Rukhmanbai Gitaram Vagharal v. The Executive Engineer Lower Dudhana Project Division Sailu And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6907 OF 2015 IN FIRST APPEAL NO. 413 O F 2015 Rukhmanbai Gitaram Vagharal.

...Applicant versus The Executive Engineer Lower Dhudhna Project Division, Sailu & anr.

...Respondents

.....

Mr. R. V. Gore, Advocate for applicant.

Mr. S. G. Sangle, Advocate for respondent No. 1. .....

CORAM : N.W. SAMBRE, J.

DATE : 30th JUNE, 2015 ORAL ORDER :

Learned Counsel for non-applicant concedes the request of the applicant for withdrawal of the amount. 2.

Learned Counsel for non-applicant submits that withdrawal to the extent of 50% can be granted and nonapplicant will not have any objection. 3.

In view of above statement, the applicant is permitted to withdraw 50% of the amount deposited before this

6907.15ca -2Court and remaining amount be deposited in fixed deposit in nationalized bank initially for a period of three years. 4.

In view of order passed by this Court on 27/03/2015 in C.A. No. 13066/2014 in F.A. No.2384/2014, the orders passed by this Court in the matter of Wajidmiya Abdul Raheman Shaikh & ors. vs. Maharashtra Ind. Dev. Cor. & ors. referred herein, the above referred withdrawal of 50% is upon undertaking of the applicant that she shall redeposit the same within eight weeks from the said order, if the order adverse to her interest is passed.

5.

The civil application is allowed in above terms. [ N.W. SAMBRE, J. ] Tupe/30.06.15