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Bombay High CourtCA/3511/2021delay condonatedrejected

Bhagwan Govind Undre And ORS v. Ex. Engineer, Osmanabad Minor Irrigation Division, Osmanabad Under G.M.I.D.C., Aurangabad And ORS

2021-07-06Hon'Ble Shri Justice R. G. Avachat2 pages

1 CA(1)-3511-2021.doc

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3511 OF 2021 IN FIRST APPEAL STAMP NO. 17835 OF 2019 Bhagwan Govind Undre and others ... Applicants

Versus

The Executive Engineer Osmanabad Minor Irrigation, Division Osmanabad Under Godawari Marathwada Irrigation Development Corporation, Aurangabad & Ors.... Respondents ....

Mr. D. A. Bide, Advocate for the applicants Mr. B. R. Survase, Advocate for respondent No.1 Mr. A. M. Phule, AGP for respondent No.2 ....

CORAM : R. G. AVACHAT, J.

DATED : 06th JULY, 2021 PER COURT :- .

This is an application for withdrawal of the amount of compensation deposited in this Court.

2.

Heard. Perused the impugned award.

3.

In the fitness of things, the applicants are permitted to withdraw 75% of the deposited amount. Hence, following order:-

2 CA(1)-3511-2021.doc

O R D E R

(i) The application is partly allowed.

(ii) The applicants are permitted to withdraw 75% of the deposited amount. Out of which, 50% amount is allowed to be withdrawn on furnishing an undertaking and 25% amount is allowed to be withdrawn on furnishing solvent security to the satisfaction of the Registrar (Judicial) of this Court.

(iii) Balance 25% amount be kept in any nationalised bank, till disposal of the first appeal.

[ R. G. AVACHAT, J. ] SMS