Dnyanoba Vithoba Pawar v. The Executive Engineer Medium Project Division Osmanabad And ORS

2025:BHC-AUG:30770 35 CA 11840 OF 25+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 35 CIVIL APPLICATION NO. 11840 OF 2025 IN FAST/8008/2023 DNYANOBA VITHOBA PAWAR

VERSUS

THE EXECUTIVE ENGINEER MEDIUM PROJECT DIVISION OSMANABAD AND ORS ...

WITH CIVIL APPLICATION NO. 11841 OF 2025 IN FAST/8016/2023 WITH CIVIL APPLICATION NO. 11842 OF 2025 IN FAST/8005/2023 WITH CIVIL APPLICATION NO. 11843 OF 2025 IN FAST/8013/2023 WITH CIVIL APPLICATION NO. 11844 OF 2025 IN FAST/8002/2023 ...

Advocate for Applicant : Mr. S.P. Salgar h/f Mr. Anant Ramahari Devakate Advocate for Respondent No. 1 : Mr. Arun Hanumant Koralkar AGP for Respondent nos. 2 & 3 : Mr. S.V. Hange

CORAM

: SHAILESH P. BRAHME, J.

DATE : 10.11.2025 PER COURT :

The applicants seek to withdraw amount deposited by the respondentAcquiring Body with accrued interest. 2.

The learned counsel for the applicants submits that in similarly situated matters when 75% of the amount was deposited by the Acquiring Body, this Court permitted the claimant to receive 75% of the amount with accrued interest on furnishing undertaking and 25% of the amount with accrued interest on furnishing solvent surety/security. Those orders are 1/2

35 CA 11840 OF 25+.odt placed on record.

2.

Learned counsel Mr. Koralkar has not seriously disputed the applications on the ground of parity.

3.

For the reasons stated in the applications and in order to have consistency in the orders, I am inclined to permit the applicants to receive 75% of the amount on furnishing undertaking and 25% of the amount on furnishing solvent surety/security.

3.

The Civil Applications are partly allowed permitting the applicants to receive 75% of the amount with accrued interest on furnishing undertaking and 25% of the amount with accrued interest on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial). ( SHAILESH P. BRAHME, J.) mkd/- 2/2