Rajendra Baban Kanhe v. Executive Engineer, Lower Dudhna Project Division, Sailu And Another

(1) ca7748.14.

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7748 OF 2014 IN FIRST APPEAL NO. 707 OF 2014 Annasaheb Tukaram Bhoge & anr.

...APPLICANTS

VERSUS

The Executive Engineer, Lower Dudhna Project Division, Sailu & anr.

...RESPONDENTS WITH C. A. NO. 7749/ 2014 IN FIRST APPEAL NO. 705 OF 2014 C. A. NO. 7750/ 2014 IN FIRST APPEAL NO. 703 OF 2014 C. A. NO. 7751/ 2014 IN FIRST APPEAL NO. 706 OF 2014 Mr M. R. Sonawane, Advocate for applicants;

Mr B. R. Surwase, Advocate for respondent No. 1; Mr S. S. Tope, Addl. Govt. Pleader for respondent/State CORAM : N.W. SAMBRE, J.

DATE : 12th June, 2015 ORAL ORDER Parties are in agreement that present civil applications can be allowed in terms of the order dated 24th April, 2015, passed in Civil Application No. 13243 of 2014 with connected matters.

(2) ca7748.14.

2.

In view of above, civil applications stand allowed on following terms :

i) It will be appropriate that the applicants herein are permitted to withdraw 50% of the amount deposited by the appellant upon furnishing an undertaking to the satisfaction of Registrar (Judicial).

ii) So far as remaining 50% amount is concerned, the amount to the extent of 50% from the said amount is permitted to be withdrawn by the applicants upon furnishing bank guarantee of nationalized bank. Balance 50% amount be kept in fixed deposit in nationalized bank, initially for a period of three years.

(N.W. SAMBRE, J.) amj