Ambadas S/O Radhaji Satdive v. The Exe. Engineer, Minor Irrigation Div. No.1, Aurangabad Under G.M.I.D.C., Aurangabad And ANR

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13198 OF 2022 IN FIRST APPEAL NO. 608 OF 2022 AMBADAS S/O RADHAJI SATDIVE

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION NO.1 AURANGABAD UNDER G.M.I.D.C. AURANGABAD AND ANOTHER ...

Advocate for Applicant : Mr. D.A. Bide Advocate for Respondent No.1 : Mr. B.R. Survase AGP for Respondent No.2 : Mr. A.B. Chate ....

CORAM : S.G. DIGE, J.

DATE : 19th September, 2022 ORDER :

.

Heard learned Counsel for applicant, learned A.G.P. for respondent No.2 and learned Counsel for respondent No.1.

2.

Learned Counsel for applicant submits that, in connected group of matters this Court has directed the Reference Court to consider the applications of withdrawal of applicants and pass the appropriate orders.

{2} The Reference Court has allowed the withdrawal applications of applicants therein and permitted applicants therein to withdraw 75% amount along-with accrued interest thereon on furnishing undertaking and remaining 25% amount along-with accrued interest thereon on furnishing solvent surety hence, requested to allow the application.

3.

Learned Counsel for respondent No.1 submits that, Court may pass appropriate orders.

4.

Considering the submissions of all learned Counsel and in connected group of matters, applicants therein are allowed to withdraw the amount. Hence, I pass the following order :-

ORDER

(a) The application is allowed.

(b) Applicant is permitted to withdraw 75% amount along-with accrued interest thereon out of deposited amount on furnishing usual undertaking before the Reference Court.

{3} (c) Applicant is permitted to withdraw remaining 25% amount along-with accrued interest thereon on furnishing solvent surety before the Reference Court.

(d) The Civil Application is disposed of.

[S.G. DIGE, J.]