Digambar Vishwanathrao Sangame And ORS v. The Executive Engineer, Minor Irrigation Division, Latur Thr Gmidc Aurangabad

2024:BHC-AUG:19877 {1} ca9363-24.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9363 OF 2024 IN FIRST APPEAL STAMP NO.35595 OF 2016 Digambar Vishwanathrao Sangame and Others APPLICANTS

VERSUS

The Executive Engineer, MID, Latur Through GMIDC Aurangabad and Another RESPONDENTS .......

Mr. Shrikant J. Sonkawade, Advocate for the applicants Mr. D. B. Bhange, AGP for respondent - State Mr. V. P. Kadam, Advocate for respondent No.1 .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 30 th AUGUST, 2024 ORDER :

1.

By this application, the applicants - claimants seek withdrawal of amount deposited by the acquiring body. 2.

Learned advocate for respondent No.1 - acquiring body strenuously opposed the application stating that exorbitant enhancement is granted by the Reference Court, therefore, the claimants may not be permitted to withdraw the amount. 3.

For the reasons stated in application, the application is allowed in terms of prayer clause "B". Claimants are permitted to withdraw 50% of the amount deposited along with proportionate

{2} ca9363-24.doc accrued interest, on furnishing undertaking and 50% of the amount with proportionate accrued interest, on furnishing solvent surety / security to the satisfaction of the Registrar (Judicial).

[NITIN B. SURYAWANSHI] JUDGE drp/ca9363-24.doc