Bombay High CourtCA/12918/2022admittedallowedgrantedrule absolute

Darasing Bandu Chavan And ORS v. The Exe. Engineer, Minor Irrigation Div. No.1, Aurangabad And Another

2022-09-13Hon'Ble Shri Justice S. G. Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO.12918 OF 2022 IN FIRST APPEAL NO.456 OF 2022 DARASING BANDU CHAVAN & OTHERS

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION NO.1, AURANGABAD & ANOTHER AND ANOTHER ...

AND 930 CIVIL APPLICATION NO.12919 OF 2022 IN FIRST APPEAL NO.453 OF 2022 PRATAP BHIKA PAWAR

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV. NO.1, AURANGABAD & ANOTHER ...

AND 932 CIVIL APPLICATION NO.12922 OF 2022 IN FIRST APPEAL NO.455 OF 2022 CHANGDEO GYANDEO DANDAGE

VERSUS

THE EXE. ENGINEER, MINOR IRRIGATION DIV. NO.1, AURANGABAD AND ANOTHER ...

Advocate for Applicants in all C.A. : Mr.D.A.Bide AGPs for Respondent-State : Mrs.D.S.Jape, Mr.P.M.Kulkarni & Mr.S.S.Dande Advocate for Respondent no.1 : Mr.S.G.Sangle ...

CORAM : S.G.DIGE, J.

DATE : 13.09.2022

P.C. :

1] By these applications, the applicants are seeking withdrawal of the amount.

2] The learned counsel for the applicants submits that in connected group of matters, this Court [Coram : R.G.Avachat, J.] has permitted the applicants therein to withdraw 75% amount, hence, requested to pass the same order.

3] The learned counsel for respondent no.1 submits that appropriate order be passed.

4] I have heard both learned counsel. This Court [Coram : R.G.Avachat, J.] has permitted the applicants in connected group of matters to withdraw 75% amount, hence, this Court cannot take different view and I pass the following order :-

ORDER

i] The applications are allowed.

ii] The applicants are permitted to withdraw 50% amount along with accrued interest thereon out of deposited amount on furnishing undertaking. The

applicants are also permitted to withdraw 25% amount along with accrued interest thereon out of deposited amount on furnishing solvent surety / security. The remaining 25% amount be kept in Fixed Deposit in any Nationalized Bank.

iii] Civil Applications are disposed of accordingly. [S.G.DIGE] JUDGE DDC