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Bombay High CourtCA/9714/2025admittedallowedgrantedrule absolute

Hiralal Damaji Rathod v. The Ex. Engineer, Irrigation Project Strengthening Div. Omerga And ORS

2025-09-10Hon'Ble Shri Justice Abhay S. Waghwase2 pages

2025:BHC-AUG:24842 -1- 942-CA-9715-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9715 OF 2025 IN FA/467/2022 RAMESH SHIVRAJ JADHAV

VERSUS

THE EX. ENGINEER, IRRIGATION PROJECT STRENGTHENING DIV. OMERGA AND OTHERS WITH CIVIL APPLICATION NO. 9714 OF 2025 IN FA/465/2022 HIRALAL DAMAJI RATHOD

VERSUS

THE EXECUTIVE ENGINEER, IRRIGATION PROJECT STRENGTHENING DIV. OMERGA AND OTHERS ......

Advocate for Applicants : Mr. Manoj Dharmaraj Shinde Advocate for Respondent No.1 : Mr. Rahul A Tambe AGP for Respondent Nos.2 and 3 : Mrs. A. S. Mantri ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 10 SEPTEMBER 2025 PER COURT :

1.

Heard rival submissions.

2.

The respective applicants in these Applications are seeking withdrawal of the entire amount of compensation, which has been deposited by the acquiring body along with the interest accrued thereon. It appears that, the acquiring body has deposited 50% of the amount of impugned award as per order dated 13.10.2021.

-2- 942-CA-9715-2025 3.

The learned counsel for the acquiring body has no objection for withdrawal of entire 50% deposited amount. 4.

For the reasons stated in the applications, the applicants herein are permitted to withdraw the entire 50% of the amount deposited with this court, with accrued interest thereon on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. 5.

The Civil Applications are accordingly disposed off. (ABHAY S. WAGHWASE, J.) Tandale