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Bombay High CourtCA/9297/2015admittedallowedgrantedrule absolute

Narayan Maliba Tandale And Others v. Godawari Minor Irrigation Development Corporation Aurangabad Thr Its Exe Engineer And Others

2015-08-10Hon'Ble Shri Justice Nitin W. Sambre3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATIONNO.9296 OF 2015 IN FIRST APPEAL NO.555 OF 2015 Ashruba Laxman Tandale and ors.

..Applicants

Versus

Godawari Minor Irrigation Development Corporation through its Executive Engineer and ors.

..Respondents - WITH - CIVIL APPLICATION NO.9297 OF 2015 IN FIRST APPEAL NO.523 OF 2013 Narayan Maliba Tandale and ors.

..Applicants

Versus

Godawari Minor Irrigation Development Corporation through its Executive Engineer and ors.

..Respondents CIVIL APPLICATION NO.9298 OF 2015 IN FIRST APPEAL NO.517 OF 2015 Raosaheb Dhondiba Bargaje and ors.

..Applicants

Versus

Godawari Minor Irrigation Development Corporation through its Executive Engineer and ors.

..Respondents

CIVIL APPLICATION NO.9299 OF 2015 IN FIRST APPEAL NO.559 OF 2015 Shriram Mahadeo Tandale and anr.

..Applicants

Versus

Godawari Minor Irrigation Development Corporation through its Executive Engineer and ors.

..Respondents Mr Shrikant Kulkarni, Advocate for applicants Mr B.R. Surwase, Advocate for respondent No.1 Mr D.R. Korde, A.G.P. for respondents No. 2 and 3 CORAM : N.W. SAMBRE, J.

DATE : 10th August 2015 PER COURT 1.

This is an application for withdrawal of the amount. Mr Surwase, learned Counsel and learned A.G.P. opposes the application on the ground that the reference Court has awarded exorbitant compensation. 2.

The award is in favour of the present applicants. It is in nobody's interest to keep the amount idle. At the same time, the amount deposited needs to be safeguarded.

3.

As such, the applicants are allowed to withdraw 80% of the amount on submitting undertaking to this Court that in the event if the appeal is allowed and the applicants are required to deposit the amount, they shall deposit the same. The undertaking be furnished before the Court before which the appellants have deposited the amount.

4.

Remaining amount of 20% be kept in Fix Deposit of any Nationalized Bank.

5.

Civil Applications stand disposed of.

( N.W. SAMBRE, J.) vvr