Shankar Hanumanta Harde And ANR v. The Executive Engineer, Minor Irrigation Division Aurangabad

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 30 CIVIL APPLICATION NO. 7658 OF 2020 IN FAST NO. 35336/13 WITH CIVIL APPLICATION NO. 7660 OF 2020 IN FAST NO. 35420/13 WITH CIVIL APPLICATION NO. 7661 OF 2020 IN FAST NO. 35345/13 WITH CIVIL APPLICATION NO. 7659 OF 2020 IN FAST NO. 35342/13 WITH CIVIL APPLICATION NO. 7657 OF 2020 IN FAST NO. 35438/13 WITH CIVIL APPLICATION NO.7664 OF 2020 IN FIRST APPEAL NO. 1581/20 SHANKAR HANUMANTA AND OTHERS VS THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION AURANGABAD Mr. A. M. Hazare, Advocate for applicants/original claimants Mr. Ruturaj C. Patil, Advocate for the appellant/respondent No.1 Mr. P. M. Kulkarni, Advocate for respondent/State CORAM :

V. L. ACHLIYA, J.

DATE :

14-12-2020 P. C.

.

The applicants have moved this application seeking

(2) withdrawal of amount.

2.

Heard learned counsel for the applicant-claimant and counsel representing the respondents. Perused the order. 3.

On due consideration of the submissions advanced and the orders passed in connected matters permitting the claimants in respective appeals to withdraw the amount to the extent of 50% amount deposited, following order is passed:-

ORDER

i.

The applications are partly allowed.

ii.

The applicants are permitted to withdraw the amount to the extent of 60% of amount of deposit in their respective appeals on furnishing undertaking to the satisfaction of the Registrar (Judicial) that in the event of award is set aside or modified, the applicantsclaimants shall re-deposit the amount within twelve weeks from the date of passing of such orders of this court.

iii.

After making the payment, balance amount shall be invested in fixed deposit with any nationalized bank till final disposal of the appeal.

(3) iv.

Withdrawal of amount shall be subject to final outcome of the appeal.

v.

The applications are disposed of in above terms.

[ V. L. ACHLIYA, J. ] VishalK/ca7658.20