Vyankatrao Vishwanath Gaikwad v. The Executive Engineer, Medium Project Osmanabad And ORS

952 ca.11882.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 952 CIVIL APPLICATION NO. 11882 OF 2016 IN FA/2163/2016 VYANKATRAO VISHWANATH GAIKWAD

VERSUS

THE EXECUTIVE ENGINEER, MEDIUM PROJECT OSMANABAD AND ORS ...

Advocate for Applicant : Mr. Ingale Vivekanand V. AGP for Respondents-State: Mr. B.V. Virdhe Advocate for Respondents-acquiring body : Mr. S.G. Karlekar .....

CORAM : V. K. JADHAV, J.

DATED : 3rd MARCH, 2017 PER COURT:- 1.

Heard learned counsel for the applicant and learned counsel for the acquiring body. Learned counsel for the acquiring body submits that in the pending execution petitions, arise out of the reference petitions decided by the Reference Court, the executing Court has permitted the applicants in those pending execution petitions to withdraw the entire amount deposited by the acquired body. Learned counsel for the acquiring body submits that the applicants herein may also be permitted to withdraw the amount on furnishing undertaking.

2.

In view of above submission and fact that in other matters, arising out of the same award, the executing Court has permitted the

952 ca.11882.16 -2applicants therein to withdraw the entire amount, the applicant herein is also permitted to withdraw the entire amount on furnishing undertaking to the satisfaction of Registrar (Judicial) of this Court. 3.

Civil application for withdrawal of the amount is accordingly disposed of.

( V. K. JADHAV, J.) rlj/