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Bombay High CourtCA/11842/2022disposed off

Shrimant Sadhu Phadtale (Died) Thr Lrs. Dhodiba Shrimant Phadtale v. The Ex. Engineer, Patbandhare Majbutikaran Division Omerga, Osmanabad And Others

2022-08-23Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 918 ca 11842-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO.11842 OF 2022 IN FA/91/2021 SHRIMANT SADHU PHADTALE (DIED) THR LRS. DHODIBA SHRIMANT PHADTALE

VERSUS

THE EX. ENGINEER, PATBANDHARE MAJBUTIKARAN DIVISION OMERGA, OSMANABAD AND OTHERS ...

Advocate for Applicant : Ms. L. R. Thakur h/f Mr. L. C. Patil AGP for Respondent Nos.2 & 3: Mr. P. N. Kutti Advocate for Respondent No.1 : Mr. G. B. Rajale ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 23/08/2022.

P. C. :

1.

The applicant is seeking withdrawal of entire amount of compensation alongwith accrued interest thereon, which has been deposited by respondent No.3 - acquiring body. However, in other similar other matter this court has permitted to withdraw 75% amount to the applicants therein under order dated 07/01/2021. Obviously, the same order will follow.

2.

75% of the amount of compensation deposited by acquiring body in this matter, be paid to the applicant on following conditions.

A) 50% of the amount be paid to the applicant alongwith accrued interest thereon by furnishing usual undertaking to the satisfaction of Registrar (Judicial) of this Court.

2 918 ca 11842-22 B) 25% of the amount be paid to the applicant along with accrued interest thereon on furnishing solvent security to the satisfaction of Registrar (Judicial ) of this Court.

C) The remaining amount be kept in FDR in any nationalized bank till disposal of appeal on periodical renewal.

D) Civil application is accordingly disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-