Digambar Datta Surnar And Others v. The Executive Engineer, Minor Project Division Thr Medium Project Division, Nanded And Others

53withdrawal.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 53 CIVIL APPLICATION NO. 10800 OF 2017 IN FAST/20018/2015 DIGAMBAR DATTA SURNAR AND OTHERS

VERSUS

THE EXECUTIVE ENGINEER, MINOR PROJECT DIVISION THR MEDIUM PROJECT DIVISION, NANDE ...

Advocate for Applicants : Mr. Deshmukh Y. P.

AGP for Respondent No.2: Mr. S. S. Dande Advocate for Respondent No.1 : Mr. R. C. Patil

CORAM

: K. L. WADANE, J.

DATE :

21st August, 2017 ORDER:

1.

Heard.

2.

Learned counsel appearing for both the sides invited my attention to the earlier order passed by this Court in Civil Application No.4444/2017, by which, in connected matter arising out of the same acquisition proceeding, the claimants were allowed to withdraw 50% on furnishing solvent security and 50% by furnishing bank guarantee of. Hence following order:

i.

The applicants are allowed to withdraw 50% of the amount deposited in this court on furnishing solvent security to the satisfaction of the Registrar (Judicial) of this Court.

ii.

The balance 50% amount is allowed to be 1/2

53withdrawal.odt withdrawn by the applicants on furnishing bank guarantee of a nationalized bank, to be kept alive throughout the life of the first appeal.

iii.

Additionally, the claimants-applicants shall furnish an undertaking to this court to the effect that in the event decision in the appeal being adverse to the interest of the applicants-claimants, the amount being withdrawn by them would be refunded and deposited in this court within a period of six months from the date of decision in the appeal.

3. Civil application stands disposed of accordingly. (K. L. WADANE, J.) JPC 2/2