Rajendra Nagendra Bhandari v. The State Of Maharashtra, Through The District Collector, Osmanabad And Others

908-CA-3359-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3539 OF 2021 IN FA/158/2019 RAJENDRA NAGENDRA BHANDARI

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION STRENGTHENING DIVISION, OMERGA AND OTHERS ...

Advocate for Applicant : Mr. Laxmikant C. Patil AGP for Respondent No.1 and 3 : Mr. B. V. Virdhe Advocate for Respondent No.2 : Mr. Sanjaykumar B. Bhosale ...

CORAM : ANIL S. KILOR, J.

DATE : 23th MARCH, 2021 PER COURT :- Heard learned counsels appearing for the parties. 2.

It is informed to this Court by both the learned counsels appearing for the parties that in other connected appeals, this Court has permitted to withdraw 75% of the amount deposited in this Court, out of which, 50% of the amount by furnishing undertaking and 25% amount by furnishing solevent security. 3.

In that view of the matter, as the appellant-Acquiring Body has no objection to allow the applicant-claimant to withdraw the amount on the same terms, the civil application is allowed.

908-CA-3359-21.odt (i) The permission is granted to withdraw 75% amount; out of which for 50% amount, the applicant shall furnish an undertaking to the efect that in case any adverse orders passed against the applicant, he would refund the amount as per direction of this court.

(ii) For the balance 25% amount, the applicant shall furnish solvent security in the like amount to the satisfaction of the Registrar (Judicial) of this court. (iii) The remaining 25% amount shall be invested in any nationalized or scheduled bank for a period of two years and the said period would be extended in case the matter is not fnally decided within such period. 4.

The civil application is disposed of.

( ANIL S. KILOR ) JUDGE rrd