Aatmaram Ramsharan Agarwal (Died) Thr Lrs Sonabai Aatmaram Agarwal And ORS v. The Deputy Chief Engineer, Construction Central Railway Pune And ANR
{1} ca8254-19 drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 8254 OF 2019 IN FIRST APPEAL NO.3791 OF 2018 Aatmaram Ramsharan Agarwal (Died) LRs & Ors APPLICANTS
VERSUS
The Deputy Chief Engineer, Construction Central Railway Pune and Another RESPONDENTS .......
Mr. Mahesh S. Deshmukh, Advocate for the applicants Mr. A. D. Soman h/f Mr. D. V. Soman, Advocate for R-1 Mr. P. N. Kutti, AGP for respondent - State .......
[CORAM : SUNIL P. DESHMUKH AND S. M. GAVHANE, JJ.] DATE : 2 nd AUGUST, 2019 ORDER :
1.
Heard learned advocates for the parties.
2.
Applicants, who are stated to be agriculturists, have referred to in the application that the amount of compensation is required by them for various purposes, as quite a few of the applicants are required to be given medical treatment and also the amount is required for maintenance and liabilities. This particular aspect is not being seriously disputed by the other side.
3.
In the circumstances, we deem it appropriate to allow the applicants to withdraw 75% of the amount deposited in this
{2} ca8254-19 court.
4.
Learned advocate for the applicants requests to transmit the amount to executing court. Other side has no particular objection if 75% amount lying in this court is transmitted to executing court. As such, 75% of the amount deposited be transmitted to executing court.
5.
Application, as such, is partly allowed. Applicants are permitted to withdraw 75% amount deposited in this court. Out of said amount 50% amount is permitted to be withdrawn subject to filing of an undertaking to the effect that in case order adverse to their interest is passed in the appeal, the applicants would redeposit the amount being withdrawn under this order within a period of three months from the date of order. Remaining 50% amount, out of 75% amount allowed to be withdrawn, shall be withdrawn subject to filing of solvent security to the satisfaction of the executing court. 6.
With aforesaid, civil application is disposed of. [S. M. GAVHANE] [SUNIL P. DESHMUKH] JUDGE JUDGE drp/ca8254-19