Limbraj Yashwanta Chede (Died) Thr Lrs Shivaji Limbraj Chede v. Ex. Engineer, Osmanabad Minor Irrigation Div. Osmanabad Under Gmidc, Aurangabad And ORS

974-CA-8725-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8725 OF 2021 IN FIRST APPEAL (ST) NO. 25440 OF 2019 Dnyanoba Pandurang Chede (Died) Through L.Rs.

Vishnu Dnyanoba Chede and Others ..APPLICANTS

VERSUS

The Executive Engineer, Osmanabad Minor Irrigation Division and Others ..RESPONDENTS AND CA/8726/2021 IN FAST/25500/2019 ....

Mr. Shoyab Shaikh, Advocate for applicants Mr. B.R. Survase, Advocate for respondent no.1 Mr. A.B. Chate, A.G.P. for respondent nos. 2 and 3 ....

CORAM : R.G. AVACHAT, J.

DATED : 25th AUGUST, 2021 PER COURT :

1.

Heard. Perused the impugned award.

2.

Issue notice to the respondents. Mr.Survase, learned counsel waives service of notice for respondent no.1. Learned A.G.P. waives service of notice for Respondent Nos. 2 and 3.

3.

Learned counsel for Respondent no.1 - acquiring body has objection to permit withdrawal of amount.

1 / 2

974-CA-8725-21.odt 4.

For the reasons given in the applications, applicants are permitted to withdraw 75% of the amount in deposit, 50% on submitting usual undertaking to the satisfaction of the Registrar (Judicial) of this Court and 25% on furnishing solvent surety/security/bank guaranty in the like amount. Balance 25% amount be invested in fixed deposit in any nationalised bank till disposal of appeal. Civil applications stand disposed of accordingly. ( R.G. AVACHAT, J. ) SSD 2 / 2