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Bombay High CourtCA/10448/2018disposed offdismissed for default

Vasimoddin Sk. Maheboob And ORS v. Godhavari Marathwada Irrigation Devp. Corp. Thr Its Ex. Engineer, Nanded And ORS

2018-10-08Hon'Ble Shri Justice P.R. Bora2 pages

26-CA-10448-2018.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 26 CIVIL APPLICATION NO. 10448 OF 2018 IN FA/2368/2018 VASIMODDIN SK. MAHEBOOB AND ORS

VERSUS

GODHAVARI MARATHWADA IRRIGATION DEVP. CORP. THR ITS EX. ENGINEER, NANDED AND ORS ...

Advocate for Applicants : Mr. Deshmukh Yogesh P. H/f Mr. A N Patale AGP for Respondents/State : Mr. P.G. Borade Advocate for Respondent No.1 : Mr. R.D. Biradar ...

CORAM : P.R. BORA, J.

DATED : 08th OCTOBER, 2018.

PER COURT:- .

Heard the learned counsel appearing for the respective parties.

2.

Considering the contents of the application filed for withdrawal of the amount and having regard to the grounds of objection raised in the memo of appeal in exception to the impugned award, I deem it appropriate to pass the following order:

ORDER

i) The Applicants are permitted to withdraw 50% of the total amount on submitting an undertaking that in the event any adverse

26-CA-10448-2018.odt (2) order is passed against them, they shall redeposit the said amount within four weeks from the date of such order.

ii) The Applicants are further permitted to withdraw 25% of the amount deposited on furnishing solvent surety in the like amount.

iii) The balance 25% of the amount shall be invested in FDR in any nationalized bank initially for the period of three years with a further direction to renew the said FDR, if so required, till the decision of the present appeal.

iv) Civil application stands disposed of.

(P.R. BORA, J.) Mujaheed//