Bhimrao Vishwanath Pawar v. The Ex. Engineer, Minor Irrigation Medium Project,Osmanabad And ORS

( 1 ) ca9498.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 24 CIVIL APPLICATION NO.9498 OF 2023 IN FAST/7548/2017 WITH CA/3544/2017 IN FAST/7548/2017 BHIMRAO VISHWANATH PAWAR

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION MEDIUM PROJECT,OSMANABAD AND ORS Mr.E.S. Murge, Advocate for the applicant.

Ms.S.D. Shelke, Advocate for respondent No.1. Mr.S.B. Pulkundwar, AGP for the respondent/State.

CORAM

:

KISHORE C. SANT, J.

DATED :

04.09.2023 PC :- 01.

This application is filed for withdrawal of the amount deposited by the appellant-acquiring body in this Court, as per award passed by the Reference Court i.e. CJSD, Bhoom in LAR No.723 of 2014. In total seven reference petitions, a common judgment was passed by the Reference Court. The appellant/acquiring body filed appeals challenging common order. By order dated 08.09.2018 the appellants have withdrawn all the said appeals in National Lokadalat as the amount of enhancement is within four times of the amount granted by the SLAO. Considering, this Court finds that the Civil Application can be allowed. Hence, following order :-

( 2 ) ca9498.23

ORDER

(i) The Civil Application stands allowed.

(ii) The applicant is permitted to withdraw the amount as deposited by the appellant/acquiring body in this Court with accrued interest, if any.

[KISHORE C. SANT, J.] snk/2023/SEP23/ca9498.23