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Bombay High CourtCA/12906/2022disposed off

Krushnaji @ Kisan Anandrao Patil (Died) Thr Lrs. Damayanti And Another v. The Ex. Engineer, Seena Kolegaon Medium Project Div. Paranda And Others

2022-11-22Hon'Ble Shri Justice Sandipkumar C. More3 pages

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12903 OF 2022 IN FIRST APPEAL NO.3550 OF 2022 Damodar s/o Anandrao Patil died, through L. Rs:

Applicants

Versus

The Executive Engineer, Seena Kolegaon Medium Project, Donja, Tq. Paranda, Dist. Osmanabad Respondents Mr. P. S. Chavan, advocate for the Applicants Mr. A. S. Shelke, advocate for Respondent No.1. Mr. S. N. Kendre, AGP for Respondents No. 2 & 3. WITH CIVIL APPLICATION NO.12908 OF 2022 IN FIRST APPEAL NO.3551 OF 2022 WITH CIVIL APPLICATION NO.12906 OF 2022 IN FIRST APPEAL NO.3552 OF 2022 CORAM : SANDIPKUMAR C. MORE, J.

DATE : 22nd November, 2022.

PC :

Heard rival submissions.

The applicants, in all these Civil Applications, are seeking withdrawal of their respective compensation amounts as deposited by the acquiring body.

{2} The learned Counsel for the applicants submits that despite order of depositing 50% of the amounts of impugned awards, the acquiring body has deposited only 33% amounts.

The learned Counsel for the acquiring body resisted the submission by pointing out that the acquiring body has deposited the entire amount, as directed by this Court vide order dated 14th July, 2021.

Though it appears that there is dispute between the rival parties about the calculations in respect of the deposited amounts, however, by keeping the said aspect open, the applicants, in all these applications, are permitted to withdraw their respective entire deposited compensation amounts by furnishing usual undertaking to the satisfaction of Registrar (J) of this Court.

Civil Applications are disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6106 OF 2021 IN FIRST APPEAL NO. 3550 OF 2022 Maharashtra Krishna Valley Development Corporation Ltd.

Applicant

Versus

Damodar s/o Anandrao Patil died, through L. Rs. & others Respondents Mr. A. S. Shelke, advocate for the Applicant Mr. P. S. Chavan, advocate for Respondents No.1-A to 1-E. Mr. S. N. Kendre, AGP for Respondents No. 2 & 3. WITH CIVIL APPLICATION NO. 6108 OF 2021 IN FIRST APPEAL NO. 3551 OF 2022 WITH CIVIL APPLICATION NO. 6104 OF 2021 IN FIRST APPEAL NO. 3552 OF 2022 CORAM : SANDIPKUMAR C. MORE, J.

DATE : 22nd November, 2022.

PC :

The learned Counsel for respondents-claimants undertakes to fle reply.

Stand over to 24.01.2023.

Interim order, if any, to continue till then. (SANDIPKUMAR C. MORE) adb JUDGE