Nivrutti Bapu Khandare Died Thr His Lrs Gajabai And Another v. The Executive Engineer, Majalgaon Canal, Division No.10, Parbhani And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.10383/2016 922 CIVIL APPLICATION NO. 10383 OF 2016 IN FAST/28752/2015 WITH CA/10384/2016 IN FAST/28551/2015 NIVRUTTI BAPU KHANDARE DIED THR HIS LRS GAJABAI AND ANOTHER

VERSUS

THE EXECUTIVE ENGINEER, MAJALGAON CANAL, DIVISION NO.10, PARBHANI AND OTHERS ...

AGP for Respondent State:Mr.S.P.Deshmukh Mr.R.C.Patil, Adv., for respondent no.1.

...

CORAM : P.R. BORA, J.

Dated: September 16, 2016 ...

PER COURT :- 1.

None appears for the applicant. Shri R.C.Patil, learned Counsel, appears for the acquiring body. 2.

Considering the contentions raised in the application for withdrawal of the deposited amount, and having regard to the objections raised by the acquiring body in the memo of appeal in exception to the impugned award, I deem it appropriate to pass following order:

ORDER

1.

The applicants in the respective applications are permitted to withdraw 50 per cent of the deposited AGP/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.10383/2016 amount on submitting an undertaking that in the event any adverse order is passed against them in the appeal, they will re-deposit the amount so withdrawn by them within four months of passing of such order.

2.

The balance 50 per cent of the deposited amount be invested in any nationalized Bank initially for a period of two years and if required, to be renewed till disposal of the appeal.

Civil Applications for withdrawal of amount stands disposed of.

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

AGP/-