National Highways Authority Of India Through Arvind Kale v. Ulhas Dattatray Shiurkar And Others And Others

CA No.10780/21 & Ors.

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 917 CIVIL APPLICATION NO.10780 OF 2021 IN RAST/25898/2021 NATIONAL HIGHWAYS AUTHORITY OF INDIA THROUGH ARVIND KALE

VERSUS

ULHAS DATTATRAY SHIURKAR AND OTHERS AND OTHERS ...

Advocate for Applicant : Mr. D.S. Manorkar AGP for Respondents State : Mr. S.P. Tiwari Advocate for petitioner in WP : Mr. N.E. Deshmukh ...

918 CIVIL APPLICATION NO.10781 OF 2021 IN RAST/25915/2021 ...

919 CIVIL APPLICATION NO.10782 OF 2021 IN RAST/25909/2021 ...

922 CIVIL APPLICATION NO.10811 OF 2021 IN RAST/25902/2021 ...

CORAM : S.V. GANGAPURWALA & R.N. LADDHA, JJ.

DATED : 08/10/2021.

PER COURT :

.

Heard Mr. Manorkar, learned advocate for the applicants and Mr. N.E. Deshmukh, learned advocate for non applicant in delay condonation applications.

2.

For the reasons stated in the applications, the delay of 19 days in filing review petitions is condoned. Delay Condonation

CA No.10780/21 & Ors.

Applications are disposed of.

3.

In review applications, Mr. Manorkar, learned advocate submits that this Court had allowed non applicants to withdraw 50% of the amount upon furnishing undertaking. The learned counsel submits that in case the award is set aside, it will be difficult for the applicant to recover the amount from the non applicants. The non applicants be directed to furnish bank guarantee for the 50% amount allowed to be withdrawn by them. 4.

We had only allowed 50% of the amount to be withdrawn by the non applicants on furnishing undertaking. Even assuming that the compensation is granted more, still the care is taken that 50% amount is not allowed to be withdrawn by the non applicants.

5.

In the light of that, we do not find any merit in the review applications. The applications are rejected. [ R.N. LADDHA, J. ] [S.V. GANGAPURWALA, J.] ssc/