Bharat Laxman Kedar v. Executive Engineer, Minor Irrigation Division, Osmanabad And ORS

1050-ca-11431-19 group (withdrawal).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1050 CIVIL APPLICATION NO.11431 OF 2019 IN FAST/5901/2017 BHARAT LAXMAN KEDAR

VERSUS

EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND ORS ...

Advocate for Applicant : Mr. Ingale Vivekanand V. AGP for Respondents/State : Mr. S.P. Deshmukh Advocate for Respondent No.1 : Mr. U.P. Giri Advocate for respondent Nos.4(A) to 4(C) : Mr. R.V. Naiknaware ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 20th SEPTEMBER, 2019.

ORDER :

.

Heard learned Counsel for the parties.

2.

The learned Counsel appearing for the applicant submitted that in the similar matters arising out of the same acquisition, this Court has permitted the original claimants to withdraw 50% of the deposited amount on submitting undertaking and remaining 50% amount on furnishing Bank guarantee of any Nationalized Bank. The learned Counsel has prayed for passing similar order.

1050-ca-11431-19 group (withdrawal).doc 3.

On submissions so made, the following order is passed.

ORDER

i.

The applicant is permitted to withdraw 50% of the deposited amount on submitting an undertaking to the satisfaction of Registrar of this Court.

ii.

Balance 50% amount is permitted to be withdrawn subject to furnishing Bank guarantee of any Nationalized or Scheduled Bank of equal amount.

iii.

Civil Application stands disposed of.

iv.

Call Record and Proceedings.

v.

Hearing of appeal is expedited.

(SMT. VIBHA KANKANWADI, J.) SCM