Vasant Venkatesh Nerlekar And Others v. The Executive Engineer, Irrigation Project Majbutikarn Division, Omerga And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO.8151 OF 2017 IN FA/2459/2016 WITH CA/9365/2015 IN FA/2459/2016 VASANT VENKATESH NERLEKAR AND OTHERS

VERSUS

THE EXECUTIVE ENGINEER, IRRIGATION PROJECT MAJBUTIKARN DIVISION, OMERGA AND OTHER ...

Advocate for Applicants : Mr. SG Chapalgaonkar, Adv. h/for Mr. Patil Laxmikant C.

S. G. Karlekar For R/1 Mr. PG Borade, AGP for Respondent No.2;

----- CORAM : P.R.BORA, J.

DATE :

th June,2017.

PER COURT :

1) Heard learned Counsel for the applicants and learned counsel for the acquiring body.

2) Having regard to the grounds of objections raised in exception to the award impugned in the present appeal and considering the averments in the application for withdrawal of the amount, I deem it appropriate to pass the following order,

ORDER

i) The applicants are permitted to withdraw 50% of the deposited amount on submitting an undertaking to the satisfaction of Registrar (Judicial) of this Court;

ii) The applicants are further permitted to withdraw more 25% of the deposited amount on furnishing a solvent surety to the satisfaction of Registrar (Judicial) of this Court;

iii) Balance 25% amount be invested in FDR of a Nationalized Bank, initially for two years and if so required for the period till disposal of the appeal.

.

Civil Application for withdrawal of the amount stands disposed of.

3) List the matter for final disposal at admission stage on 19th July, 2017. Call and R and P.

(P.R.BORA,J.)

bdv/