Bhagwanrao Narayanrao Ambhure (Died) Thr Lrs. Kausalybai And Others v. The G.M.I. Development Corporation Thr The Executive Engineer, M.I.D., Jalna And Others

36-CA-9403-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9403 OF 2021 IN FIRST APPEAL NO. 2197 OF 2019 Bhagwanrao Narayanrao Ambhure (Died) Through L.Rs.

Kausalyabai Bhagwanrao Ambhure and Others ..APPLICANTS

VERSUS

The Godavari Marathwada Irrigation Development Corporation Through the Executive Engineer and Others ..RESPONDENTS ....

Mr. V.D. Bhise, Advocate for applicants Mr. H.T. Gaikwad, Advocate for respondent no.1 Mr. A.M. Phule, A.G.P. for respondent nos. 2 and 3 ....

CORAM : R.G. AVACHAT, J.

DATED : 14th SEPTEMBER, 2021 PER COURT :

1.

Heard. Perused the impugned award.

2.

Issue notice to the respondents. Mr. Gaikwad, learned counsel waives service of notice for Respondent No.1 and learned A.G.P. waives service of notice for Respondent Nos. 2 and 3. 1 / 2

36-CA-9403-21.odt 3.

Learned counsel for the acquiring body strongly objects to permit withdrawal of amount.

4.

For the reasons given in the application, the applicants are permitted to withdraw 75% of the amount in deposit, 50% on submitting usual undertaking to the satisfaction of the Registrar (Judicial) of this Court and 25% on furnishing solvent surety/security/bank guaranty in the like amount. Balance 25% amount be invested in fixed deposit with any of the nationalised bank till disposal of appeal. Civil application stands disposed of accordingly.

( R.G. AVACHAT, J. ) SSD 2 / 2