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Bombay High CourtCA/9359/2017disposed offdismissed for default

Nandlal Gopikishan Rathi And ANR v. The Executive Engineer, Jalna Minor Irrigation Division Thr Gmidc Aurangabad And ANR

2017-07-14Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.9359/2017gr 922 CIVIL APPLICATION NO. 9359 OF 2017 IN FA/2441/2014 NANDLAL GOPIKISHAN RATHI AND ANR

VERSUS

THE EXECUTIVE ENGINEER, JALNA MINOR IRRIGATION DIVISION THR GMIDC AURANGABAD AND ...

Advocate for Applicants : Mrs. Pranjal A.Bhandari h/f Mr. Bhandari Anand P.

AGP for Respondent State: Mr. C.V.Dharurkar Mr.Sudhir Bhalerao, Adv., for respondent no.1. ...

923 CIVIL APPLICATION NO. 9371 OF 2017 IN FA/2402/2014 RUKMINIBAI SHRIKISHAN RATHI AND ORS

VERSUS

THE EXECUTIVE ENGINEER, JALNA MINOR IRRIGATION DIVISION THR GMIDC AURANGABAD AND ...

Advocate for Applicants : Mrs. Pranjal A.Bhandari h/f Mr. Bhandari Anand P.

AGP for Respondent State: Mr. S.M.Ganachari Mr.Sudhir Bhalerao, Adv., for respondent no.1. ...

CORAM : P.R. BORA, J.

Dated: July 14, 2017 ...

PER COURT :- 1.

The applicants in both the applications are seeking withdrawal of the amount deposited by the acquiring body. It is submitted that, previously, 50 per cent amount under the award was deposited by the acquiring body and the same was permitted to be withdrawn by the present applicants. It is further - agp/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.9359/2017gr submitted that now the acquiring body has deposited balance 50 per cent amount and withdrawal of the said amount is sought by filing present applications. It is brought to my notice that in companion matters this Court ( Coram: V.K.Jadhav, J.) has passed certain orders. Copy of one such order passed on July 7th, 2017 in C.A.No.9108/2017 in First Appeal No.110/2015 is placed on record.

2.

Shri Bhalerao, learned Counsel, submits that there may not be any difficulty in passing similar orders in this case also. In view of the submission so made, following order is passed:

ORDER

1.

The applicants are permitted to withdraw the deposited amount on furnishing solvent surety / security in the like amount to the satisfaction of the Registrar of this Court. Civil Applications stand disposed of.

( P.R. BORA, J. ) ...

agp/-