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Bombay High CourtCA/9670/2017disposed offdismissed for default

Bapu Vithoba Bergal v. The Executive Engineer, Kukadi Left Bank Canal, Sub-Division, Kolwadi And ORS

2017-07-21Hon'Ble Shri Justice P.R. Bora3 pages

(1) 931 CIVIL APPLICATION NO. 9525 OF 2017 IN FAST/27599/2016 HARIBHAU KASHINATH GALANDE

VERSUS

THE EXECUTIVE ENGINEER, KUKADI LEFT BANK CANAL, SUBDIVISION, KOLWADI AND ORS 938 CIVIL APPLICATION NO. 9638 OF 2017 IN FAST/27614/2016 NATHU GAJANAN GALANDE (DECEASED) THR LRS CHANDRAKANT AND ANR

VERSUS

THE EXECUTIVE ENGINEER, KUKADI LEFT BANK CANAL, SUBDIVISION, KOLWADI AND ORS 940 CIVIL APPLICATION NO. 9651 OF 2017 IN FAST/27611/2016 SAMPAT DNYANDEO KALE AND ORS

VERSUS

THE EXECUTIVE ENGINEER, KUKADI LEFT BANK CANAL, SUBDIVISION, KOLWADI AND ORS 941 CIVIL APPLICATION NO. 9655 OF 2017 IN FAST/27605/2016 NATHABA TUKARAM KHAMGAL AND ORS

VERSUS

THE EX. ENGINEER, KUKADI LEFT BANK CANAL, SUB DIV KOLWADI AND ORS

(2) 943 CIVIL APPLICATION NO. 9669 OF 2017 IN FAST/27608/2016 KASHINATH GAJANAN GALANDE (DECEASED) THR LRS VATSALABI AND ORS

VERSUS

THE EXECUTIVE ENGINEER, KUKADI LEFT BANK CANAL, SUBDIVISION, KOLWADI AND ORS 944 CIVIL APPLICATION NO. 9670 OF 2017 IN FAST/27617/2016 BAPU VITHOBA BERGAL

VERSUS

THE EXECUTIVE ENGINEER, KUKADI LEFT BANK CANAL, SUBDIVISION, KOLWADI AND ORS Advocate for Applicants : Mr.Nimbalkar Aniruddha A AGP for Respondent State: Mr. S.P.Sonpawale, Mr. C.V.Dharurkar, Mr. R.B.Bagul.

Mr. Jeevan Patil, Adv., h/f Mr.G. B. Rajale, Adv., for R/1 CORAM : P.R. BORA, J.

Dated: July 21, 2017 PER COURT :- 1.

Heard learned Counsel for the parties.

2) Having regard to the grounds of objections raised in exception to the Awards impugned in the present appeals and

(3) considering the averments in the applications 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 that in the event any adverse order is passed against them, they will re-deposit the said amount within four weeks of passing such order; ii) Balance 50% amount be invested in Fixed Deposit Receipt of any Nationalized Bank, initially for a period of two years and if so required for further period till disposal of the appeal; iii) Civil Applications for withdrawal of amount stand disposed of in above terms.

( P.R. BORA, J. )