Amina Firdos Sirajoddin @ Amina Begum Sirajoddin Ab. Raheman v. Executive Engineer, Upper Penganga Project Div. No.8, Now Div. No.6, Nanded Under Gmidc And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10931 OF 2017 IN FIRST APPEAL STAMP NO. 16370 OF 2016 Bhojaram Poshetti Shelke and another ...APPLICANTS versus Executive Engineer Uppr Penganga Project Dv.No. 8 now Division No. 6 Nanded under GMIDC and others ...RESPONDENTS WITH CIVIL APPLICATION NO. 10932 OF 2017 IN FIRST APPEAL STAMP NO. 16377 OF 2016 Amina Firdos Sirajoddin @ Amina Begum Sirajoddin Ab Raheman and another ...APPLICANTS versus Executive Engineer Uppr Penganga Project Dv. No. 8 now Division No. 6 Nanded under GMIDC and others ...RESPONDENTS .....

Mr. Ravindra V. Gore, Advocate for applicants-original claimants Mr. B.R. Surwase, Advocate for respondent No. 1 Mr. R.B. Bagul, AGP for respondent No. 2 .....

WITH FIRST APPEAL No. 836 of 2014 CORAM : K.K. SONAWANE, J.

DATED : 23rd AUGUST, 2017.

Order :- 1.

Heard learned counsel for the applicants-original claimants, learned counsel for respondent No. 1-Acquiring Body. and learned AGP for respondent No. 2. Perused the applications.

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The applicants-original claimants seek permission to withdraw the amount deposited on behalf of the respondent - Acquiring Body 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on furnishing undertaking to the satisfaction of the Registrar(Judicial) of this Court and 25% amount be allowed to be withdrawn by the applicants on furnishing solvent surety and rest of the 25% amount be invested in a Fixed Deposit Receipt in any Nationalized Bank, for a period of two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