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Bombay High CourtCA/10888/2017disposed offdismissed for default

Dashrath Piraji Khose (Died) Thr Lrs Trimabk And ORS v. The Exe Engineer, Nimna Dudhana Project Div Selu,(Jaikwadi Cons. Project Div No.7 Parbhani) And ORS

2017-08-22Hon'Ble Shri Justice K. K. Sonawane2 pages

1 918 CA-10888-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO. 10888 OF 2017 IN FAST/15868/2016 WITH CA/8663/2016 IN FAST/15868/2016 WITH CA/10890/2017 IN FAST/15868/2016 DASHRATH PIRAJI KHOSE (DIED) THR LRS TRIMABK AND ORS

VERSUS

THE EXE ENGINEER, NIMNA DUDHANA PROJECT DIV SELU, (JAIKWADI CONS. PROJECT DIV NO.7 ...

Advocate for Applicants : Mr. C.R.Thorat h/f. Mr. Mr. Makarand B. Kathare.

Advocate for Respondent No.1 : Mr. V. S. Tanwade h/f. Mr. R. C. Patil.

AGP for Respondents No.2, 3 : Mr. S.P.Sonpawale. ...

CORAM : K.K. SONAWANE, J.

DATED : 22ND AUGUST, 2017.

Order :- Leave to correction in regard to the stamp number Firs Appeal.

2.

Heard learned counsel for applicant and learned counsel for respondent No.1 Acquiring Body as well as learned AGP for respondents No.2 and 3 State. Perused the application. The respondent Acquiring Body has deposited total amount of Rs.25,58,850/- with interest towards compensation amount granted by the Reference Court. In such circumstances, I do not find any impediment to allow application in following terms. The applicants-original claimants are allowed to withdraw 50 % amount deposited in this Court on furnishing

2 918 CA-10888-17 undertaking and 25 % amount on furnishing a solvent surety of like amount to the satisfaction of Registrar (Judicial) of this Court and rest 25 % amount shall be kept in Fixed Deposit in any Nationalized Bank till further order.

3.

Accordingly, Civil Application for withdrawal of amount stands disposed of.

4.

The Civil Application No. 10890 of 2017 in FAST/15868/2016 filed for the same cause of withdrawal stands disposed of as it already allowed.

Sd./- [ K. K. SONAWANE ] JUDGE RRD.