Vimal Shivajirao Gidde v. The Ex. Engineer, Irrigation Department At Osmanabad And ORS

(1) 928 CA-2343.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO.2343 OF 2023 IN FA/2596/2021 WITH CA/2346/2023 IN FA/2598/2021 WITH CA/2345/2023 IN FA/2597/2021 WITH CA/11549/2021 IN FA/2596/2021 WITH CA/11553/2021 IN FA/2598/2021 WITH CA/11551/2021 IN FA/2597/2021 VIMAL SHIVAJIRAO GIDDE

VERSUS

THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT AT OSMANABAD AND OTHERS ...

Ms. L.R. Thakur, Advocate holding for Mr. Laxmikant C. Patil, Advocate for the applicants.

Mr. S.G. Karlekar, Advocate for respondent No.1. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

26.07.2023.

ORDER:- IN CIVIL APPLICATION NOS. 2343 OF 2023, 2346 OF 2023 AND 2345 OF 2023 :

1.

Heard rival submissions.

2.

The respective applicants are seeking withdrawal of their amounts of compensation alongwith the interest accrued thereon, which have been deposited by the Acquiring Body. 3.

This Court, vide order dated 19.01.2023 passed in other connected matters, has already permitted the applicants therein to withdraw entire deposited amounts. In view of the same, the present applicants are also permitted to

(2) 928 CA-2343.2023.odt withdraw 75 % of the deposited compensation amounts in all these matters, on usual undertaking and remaining 25% on furnisHing solvent surety / security to the satisfaction of the Registrar (Judicial) of this court.

4.

The civil applications are accordingly disposed of. IN CIVIL APPLICATION NOS. 11549 OF 2021, 11553 OF 2021 AND 11551 OF 2021 :

.

Since the appellant Acquiring Body has deposited entire amounts of compensation in all these matters, the applications are made absolute in terms of prayer clause (A) and disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde