Anand Prabhakar Ghare v. The Executive Engineer M.I.W Division Jalna And ORS
(1) 927 CIVIL APPLICATION NO. 8122 OF 2017 IN FA/1911/2016 WITH CA/10535/2015 IN FA/251/2016 WITH CA/8123/2017 IN FA/251/2016 WITH CA/8124/2017 IN FA/1913/2016 WITH CA/8125/2017 IN FA/1914/2016 WITH CA/8126/2017 IN FA/1915/2016 WITH CA/8127/2017 IN FA/1916/2016 BHASKAR SUNDARRAO GHARE
VERSUS
THE EXECUTIVE ENGINEER M.I.W DIVISION JALNA AND ORS ...
Advocate for Applicant : Mr.Kakade Deepak M.
Mr.R. C. Patil, Adv., for respondent no.1.
AGP for respondent State: Mr. C.V.Dharurkar ...
CORAM : P.R. BORA, J.
Dated: June 23, 2017 ...
PER COURT :- 1.
Learned Counsel for the applicants submit that in companion matters i.e. in C.A.No.12945/2015 in First Appeal Stamp No.25543/2014, this Court ( Coram: S.V.Gangapurwala, J.) on 9th October, 2015, has passed an order thereby permitting original claimants to withdraw 50 per cent of the amount deposited by the acquiring body on submitting undertaking and further withdrawal on 25th per cent of the amount deposited on
(2) submitting solvent security / surety of like amount and has directed deposit of the remaining 25 per cent amount in Fixed Deposit Receipt in any Nationalized Bank. Copy of the said order is placed on record and is marked as "X" for identification. 2.
Shri R.C.Patil, learned Counsel appearing for the acquiring body does not dispute the correctness of the fact stated by the applicant and prayed for appropriate orders in view of the earlier order passed on 9th October, 2015. In view of the submission so made, following order is passed:
ORDER
1.
Civil Applications for withdrawal of amount are allowed. The respective applicants are permitted to withdraw 50 per cent of the deposited amount on submitting undertaking to this Court that in the event the applicants are directed to re-deposit the amount, they shall re-deposit the same within a period of four months after passing of such order.
2.
The applicants are further allowed to withdraw 25 per cent of the deposited amount on submitting solvent surety / security in the like amount to the satisfaction of the Registrar (Judicial) of this Court.
3.
Balance 25 per cent of the amount be invested in any nationalized Bank initially for a period of two years and, if required,
(3) for further period till disposal of the appeal. 4.
Civil Applications for withdrawal of amount stand disposed of.
5.
In view of the fact that the acquiring body has deposited entire amount of the award with the interest thereon, the interim stay granted by this Court in C.A. No.10535/2015 on 4th September, 2015, is made absolute and C.A.No.10535/2015 stands disposed of.
( P.R. BORA, J. ) ...