Devidas Bajirao Mhaske v. The Executive Engineer, Lower Dudhana Project, Division Sailu And ORS

ca11070.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 11070 OF 2017 IN FIRST APPEAL NO. 260 OF 2017 Devidas s/o Bajirao Mhaske ... Applicant Orig. Claimant

VERSUS

The Executive Engineer & ors.

... Respondents .....

Mr. A.H.Koralkar, advocate for the applicant Mr. B.V.Virdhe, A.G.P for respondent no.1 Mr. R.C.Patil, advocate for resp. nos. 2 and 3 .....

CORAM : K.L.WADANE, J.

DATED : 1st, September, 2017 O R D E R :

Learned counsel for the applicant submits that in the connected matters, this Court has allowed the respective claimants in the said appeals to withdraw 75 per cent of the amount deposited in the Court on furnishing an undertaking. Learned counsel further pointed out that this Court has also passed such orders on 22.7.2016 in Civil Application No. 10304 of 2016. Learned counsel appearing for the acquiring body

ca11070.17 has not disputed the facts stated as afore said and has prayed for passing appropriate orders. In view of the above, Civil Application for withdrawal of amount is allowed.

The applicant is permitted to withdraw 75 per cent of the amount deposited in the Court subject to furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court. Balance 25 per cent amount be kept in any nationalized bank in fixed deposit, initially for a period of two years, and if so required, to renew the said F.D.R. for further period, till disposal of the appeal.

Civil Application is disposed of.

(K.L.WADANE, J.) dbm