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Bombay High CourtCA/11884/2018disposed offdismissed for default

Ram Vitthal Kulkarni And ORS v. The Executive Engineer, Lift Irrigation Division, Osmanabad Now Under The Gmidc Ltd, And ORS

2018-09-26Hon'Ble Shri Justice Sunil K. Kotwal2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CIVIL APPLICATION NO. 11884 OF 2018 IN FA/4741/2017 RAM VITTHAL KULKARNI AND ORS

VERSUS

THE EXECUTIVE ENGINEER, LIFT IRRIGATION DIVISION, OSMANABAD NOW UNDER THE GMIDC L ...

Advocate for Applicants : Mr.Naiknavare Ramesh V. ...

CORAM : SUNIL K.KOTWAL, J.

DATE : SEPTEMBER 26, 2018 O R D E R :

Heard learned counsel for parties. In other connected matter already permission is granted to withdraw 50% amount subject to certain conditions. 2.

Accordingly, the civil application is partly allowed. The applicants are permitted to withdraw 50% of the amount deposited in this Court on furnishing undertaking in First Appeal that he would refund the amount so withdrawn, as per the directions of this Court, in case any contingency arises in the appeal. The applicant is further permitted to withdraw 25% of

ca11884.18 the balance compensation amount on furnishing solvent surety/security of the like amount to the satisfaction of the Registrar (Judicial) of this Court. The rest of the balance compensation amount deposited in this Court be invested in Fixed Deposit Receipt in any Nationalized Bank for a period of two years or till disposal of the appeal, whichever is earlier with liberty to renew the same, if required. 3.

Civil Application is disposed of.

[SUNIL K.KOTWAL, J.] mahajansb/