Urmila Pradipkumar Daga And ORS v. The Executive Engineer, Majalgaon Dam, Division No.10, Parbhani And ORS

1 ca-10562-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10562 OF 2016 IN FIRST APPEAL STAMP NO. 5411 OF 2016 Urmila Pradipkumar Daga ...APPLICANT versus The Executive Engineer, Majalgaon Dam Division No. 10 Parbhani and others ...RESPONDENTS .....

Mr. K.B. Jadhav, Advocate holding for Mr.V.D. Bhise, Advocate for applicants-original claimants Mr. Ruturaj C. Patil, Advocate for respondents .....

WITH CIVIL APPLICATION NO. 10565 OF 2016 IN FIRST APPEAL ST. NO. 5471 OF 2016 CIVIL APPLICATION NO. 10605 OF 2016 IN FIRST APPEAL ST. NO. 5474 OF 2016 ...

CORAM : K.K. SONAWANE, J.

DATED : 21st AUGUST, 2017.

Order :- 1.

Heard learned counsel for the applicants-original claimants and respondents-Acquiring Body. Perused the application. 2.

The applicants-original claimants seek permission to withdraw the amount deposited on behalf of the applicant in lieu of payment of compensation amount determined by the learned Reference Court. 3.

Considering the nature of the subject-matter, I do not find any impediment to allow the applicants-original claimants to withdraw the amount on certain terms and conditions. Hence, the applications are allowed. The applicants-original claimants are allowed to withdraw 50% of deposited amount on furnishing undertaking to the satisfaction of the Registrar(Judicial) of this Court and 25% amount be allowed to be withdrawn by the applicants on furnishing solvent surety and rest of

2 ca-10562-17 the 25% amount be invested in a Fixed Deposit Receipt in any Nationalized Bank, for a period of two years or till final adjudication of the appeal, whichever is earlier.

4.

Accordingly, the applications for withdrawal of amount stand disposed of.

Sd/- [ K. K. SONAWANE ] JUDGE MTK