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Bombay High CourtCA/13345/2023admittedallowedgrantedrule absolute

Lalasaheb Narayan Lomate (Died) Thr Lrs Vinayak Lalasaheb Lomate v. The Ex. Engineer, Minor Irrigation Div. Thr Medium Project Div. Osmanabad And ANR

2023-11-03Hon'Ble Shri Justice Arun R. Pedneker2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 CIVIL APPLICATION NO.13345 OF 2023 IN FA/526/2022 WITH CA/9632/2021 IN FA/526/2022 LALASAHEB NARAYAN LOMATE (DIED) THR LRS VINAYAK LALASAHEB LOMATE

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIV. THR MEDIUM PROJECT DIV. OSMANABAD AND ANR ...

Advocate for Applicant : Mr. Wakure Sanjay A Advocate for Respondent No.1 : Mr. R. A. Tambe ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

03/11/2023 PER COURT :

1.

In application for withdrawal of amount of compensation. The learned Advocate for the applicant has produced on record the order dated 23/06/2023 in FA No.26071 of 2020 and other connected matters, wherein the applicants are permitted to withdraw entire 75% of deposited amount in this Court along with accrued interest thereon till date.

2.

In view of the same, the applicant is permitted to withdraw entire 75% deposited amount along with accrued interest thereon subject to filing of undertaking to the satisfaction of the Registrar (Judicial) of this Court.

938 CA 13345-2023 3.

Upon such undertaking is produced, the Registrar (Judicial) to disburse the amount as directed above. The civil application for withdrawal stands disposed of.

4.

In civil application filed for Stay, the learned Advocate for the applicant submits that the amount has been deposited in this Court as per the directions of this Court. In view of the same, the Stay order passed by this Court dated 20/09/2021, in the application for stay, is confirmed. The application filed for Stay stands disposed of. 5.

The appeal is Admitted.

6.

After admission, the learned Advocate Mr. S. A. Wakure waives service of notice on behalf of respondent.

( ARUN R. PEDNEKER, J. ) vj gawade/-.