Rajesh Omprakash Agrawal v. The Exe. Engineer, M.I.W., Jalgaon And Another

(1) 920 CA-12142.2022 & ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 CIVIL APPLICATION NO.12142 OF 2022 IN FA/1437/2019 WITH CA/12146/2022 IN FA/1445/2019 WITH CA/12143/2022 IN FA/1436/2019 WITH CA/12147/2022 IN FA/1446/2019 WITH CA/12307/2022 IN FAST/6416/2018 WITH CA/12144/2022 IN FA/1438/2019 WITH CA/12149/2022 IN FA/1441/2019 RAJESH OMPRAKASH AGRAWAL

VERSUS

THE EXE. ENGINEER, M.I.W., JALGAON AND ANOTHER ...

Mr. Ajeet Kale, Advocate for the applicants.

Mr. A.B. Chate, A.G.P. for respondent - State. Mrs. Manjusha S. Jagtap and Mr. Chetan Jadhav, Advocates for respondent Acquiring Body in respective applications. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

3rd January 2023.

ORDER:- 1.

Heard rival submissions. The respective applicants in all these applications are claiming permission to withdraw the interest amount accrued on 25% of the compensation amount which was allowed to be withdrawn, by furnishing solvency. The learned Counsel for the applicants submits that the Acquiring Body had deposited 75% amount of the impugned awards. However, as per the order of this Court, 50% of the award amounts was withdrawn on undertaking and the remaining 25% of the award amounts was withdrawn on solvency without interest. As such, the interest amount on the aforesaid amount which was allowed to be withdrawn on solvency, is still lying with this Court.

(2) 920 CA-12142.2022 & ors.odt 2.

By order dated 14th December 2022, this Court had asked the Registry to submit a chart of such balance interest amounts. Accordingly, the Registrar (Judicial) of this Court vide report dated 15.12.2022 submitted such chart prepared by Section Officer (PLA) Section showing that how much interest amounts are lying with this Court in the aforesaid concerned applications. Therefore, the said chart alongwith report of Registrar (Judicial) is made part of this Order and all the applicants in these applications are allowed to withdraw their respective interest amounts as shown in the last column of the aforesaid chart on usual undertaking.

3.

The respective learned Counsel for the Acquiring Body pointed out that the name of Mrs. Vaishali Jadhav is shown on board as the learned Counsel for the Acquiring Body, but she is no more on the panel of acquiring body. As such, Registry is directed to delete her name from the board and instead of that, the names of respective Counsel now appearing on behalf of the Acquiring Body be shown. 4.

The applications are accordingly disposed of. (SANDIPKUMAR C. MORE, J.) vd_dhirde