Shridhar Laxuman Joshi Died Through Lrs. Indumati And Others v. Ex. Engineer, Latur Minor Irrigation Division, Latur Under G.M.I.D.C., Aurangabad And ORS

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 CIVIL APPLICATION NO.7330 OF 2020 IN FAST/31956/2018 SHRIDHAR LAXUMAN JOSHI DIED THROUGH LRS.

INDUMATI AND OTHERS

VERSUS

EX. ENGINEER, LATUR MINOR IRRIGATION DIVISION, LATUR UNDER G.M.I.D.C., AURANGABAD AND ORS ...

Advocate for Applicants : Mr. Kale Gopal D.

Mr. BV Virdhe, AGP for Respondents:

----- CORAM : SMT.VIBHA KANKANWADI,J.

DATE : 17 th June, 2021.

PER COURT :- 1.

Present application has been filed for withdrawal of the amount deposited by the acquiring body.

2.

Heard both sides.

3.

The learned AGP has strong objection for withdrawal of the amount. The appeal challenges enhancement of compensation that has been granted, by the Reference Court. Since the competent Court has arrived at a particular conclusion, at this stage, a case is made out for partial withdrawal of the amount.

4.

The amount that has been deposited in this case is Rs.26,81,199/- and, therefore, the

(2) applicants are allowed to withdraw an amount of Rs. 20,00,000/-.

5.

The applicants shall file an undertaking within a period of eight weeks that they would make the said amount good, if directed at the time of final disposal of the appeal.

6.

The Civil Application stands disposed of.

(SMT. VIBHA KANKANWADI) JUDGE BDV