Madhukar Ramchandra Fadtale v. The M.K.V.D.C., Thr The Ex. Engineer, Irri. Project Strengthening Now Osmanabad M.P.D. And ORS

2025:BHC-AUG:22068 1 966(ii).CA-8591-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 966 CIVIL APPLICATION NO. 8591 OF 2025 IN FA/998/2024 MADHUKAR RAMCHANDRA FADTALE

VERSUS

THE M.K.V.D.C., THR THE EX. ENGINEER, IRRI. PROJECT STRENGTHENING NOW OSMANABAD M.P.D. AND ORS ...

Advocate for the Applicant : Ingale Vivekanand V. Advocate for Respondent : Ms.Laxmi Thakur h/f.Mr. Gaikwad Anil M. AGP for Respondent/State : Mr.D.B.Bhange ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 12.08.2025 PER COURT :

.

Applicants seek to withdraw the amount of Rs.1,34,00,891/- deposited by the acquiring body. Reliance is placed on common orders passed by the co-ordinate bench on 20.12.2024. The coordinate bench permitted the claimants to receive 50% on furnishing undertaking and 25% on furnishing solvent surety/security. 2.

For the reasons stated in the application, I am of the considered view that applicants are entitled to receive 75% of the amount. Similar view has been taken by the co-ordinate bench and I propose to follow the same course.

2 966(ii).CA-8591-2025.odt 3.

Civil application is partly allowed by permitting the applicants to receive 50% of the amount deposited in this Court with accrued interest on furnishing undertaking and further 25% amount with accrued interest on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. 4.

Balance amount shall be invested in nationalized bank. [ SHAILESH P. BRAHME, J.] vsj..