Mir Mazhar Ali Jaffar Ali v. The Exe. Engineer, Vishnupuri Pro. Div., Nanded Now Lendi Pro. Div., Degloor, And Others

13914.22CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO.13914 OF 2022 IN FIRST APPEAL NO.1101 OF 2020 MIR MAZHAR ALI JAFFAR ALI

VERSUS

THE EXECUTIVE ENGINEER, VISHNUPURI PROJECT DIVISION, NANDED NOW LENDI PROJECT DIVISION, DEGLOOR & OTHERS ...

Advocate for the applicant : Mr.G.N.Chincholkar AGP for Respondent-State : Mr.P.M.Kulkarni Advocate for Respondent no1 : Mr.B.R.Surwase ...

CORAM : S.G.DIGE, J.

DATE : 04.10.2022 P.C. :

1] Heard the learned counsel for the applicant, the learned AGP for the respondent-State and the learned counsel for respondent no.1.

2] The learned counsel for the applicant submits that in connected group of matters, this Court has permitted the applicants therein to withdraw 50% amount on furnishing undertaking and 20% amount on furnishing solvent surety, hence, requested to pass same order. 3] The learned counsel for respondent no.1 submits that appropriate order be passed.

13914.22CA 4] Considering the submissions of all learned counsel as well as this Court [Coram : M.G.Sewlikar, J.] has permitted the applicants in connected group of matters to withdraw 70% amount out of deposited amount, hence, I pass the following order:-

ORDER

i] The application is allowed.

ii] The applicant is permitted to withdraw 50% amount along with accrued interest thereon, out of award amount, on furnishing undertaking. The applicant is permitted to withdraw 20% amount along with accrued interest thereon, out of award amount, on furnishing solvent surety.

iii] Civil Application is disposed of accordingly. [S.G.DIGE] JUDGE DDC