Manik Baburao Surwase @ Dhangar (Died) Thr Lrs. Babu Manik Surwase And Others v. The Ex. Engineer, Irrigation Project Majbutikaran Div. Omerga, Osmanabad And Others

12404.22CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 958 CIVIL APPLICATION NO.12404 OF 2022 IN FA/3581/2018 MANIK BABURAO SURWASE @ DHANGAR (DIED) THROUGH L.Rs.BABU MANIK SURWASE & OTHERS

VERSUS

THE EX. ENGINEER, IRRIGATION PROJECT MAJBUTIKARAN DIVISION, OMERGA, OSMANABAD & OTHERS ...

Advocate for Applicants : Mr.L.C.Patil AGP for Respondent-State : Mrs.D.S.Jape Advocate for Respondent no.1 : Mr.G.B.Rajale ...

CORAM : S.G.DIGE, J.

DATE : 30.08.2022 P.C. :

1] Heard the learned counsel for the applicants, learned counsel for respondent nos.1 and learned AGP for the respondent-State.

2] The learned counsel for the applicants submits that in connected group of matters, this Court has permitted the applicants therein to withdraw 75% amount out of the entire deposited amount, hence, requested to pass the same order.

3] The learned counsel for the respondents submits that appropriate order may be passed.

12404.22CA 4] Considering the submissions of all learned counsel as well as in connected group of matters, this Court has permitted the applicants therein to withdraw 75% amount out of entire award amount, hence, I pass the following order : -

ORDER

i] The application is allowed.

ii] The applicants are permitted to withdraw 50% amount along with accrued interest thereon out of deposited amount on furnishing undertaking and also permitted to withdraw 25% amount along with accrued interest thereon out of the deposited amount on furnishing solvent surety / security. Remaining 25% amount shall be kept in Fixed Deposit in any Nationalized Bank. iii] Civil Application is disposed of accordingly. [S.G.DIGE] JUDGE DDC