Zendu Shankar Mali v. Competent Authority And Special Land Acquisition Officer, National Highway Proj, Dhule And Another

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8918 OF 2015 IN WRIT PETITION NO.7419 OF 2014 Zendu Shankar Mali Applicant

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Competent Authority & Special Land Acquisition Officer No.2, National Highway Project, Dhule & another Respondents Mr.A.B.Kale, advocate for the applicant.

Mr.S.S.Dande, A.G.P. for Respondent No.1.

Mr.Manorkar, advocate holding for Mr.M.V.Kini, advocate for Respondent No.2.

CORAM : R.M.BORDE & A.I.S.CHEEMA, JJ.

DATE : 12th February, 2016 PER COURT:

Learned Counsel appearing for the applicant has tendered copy of the order passed by the Principal District Judge, Dhule on 02.12.2015, whereby application tendered by the respondents below Exhibit-5, claiming stay to the execution of the award, came to be rejected.

In view of this, there shall not be any impediment for the applicant to withdraw the amount deposited by the respondents in this Court. The applicant undertakes to tender an undertaking in the pending Arbitration Proceedings, being Civil Miscellaneous Application No.165 of 2014 before the Principal District Judge, Dhule, to the effect that, in the event of success of Arbitration Proceedings, the applicant herein shall redeposit the

{2} ca891815.odt amount, withdrawn by him, within a period of twelve weeks from the date of such decision. Undertaking shall be presented within one week from today and a copy thereof shall be tendered to the Registry of this Court.

A.I.S.CHEEMA R.M.BORDE JUDGE JUDGE adb/ca891815