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Bombay High CourtCA/10513/2024admittedallowedgrantedrule absolute

Aakash Shashikant Alies Sheshrao Balsure Thr Its Guardian Shashikant And Another v. The Exe. Engineer, Irri. Pro. Stren. Div. Umerga, Osmanabad

2024-10-03Hon'Ble Shri Justice Kishore C. Sant2 pages

(1) 84ca10513.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 84 CIVIL APPLICATION NO. 10513 OF 2024 IN FAST/4905/2021 AND CIVIL APPLICATION NO. 12938 OF 2021 IN FAST/4905/2021 AAKASH SHASHIKANT ALIES SHESHRAO BALSURE THR ITS GUARDIAN SHASHIKANT AND ANOTHER ....Applicants

VERSUS

THE EXE. ENGINEER, IRRI. PRO. STREN. DIV. UMERGA, OSMANABAD .....Respondent Mr. V. B. Deshmukh, Advocate for the applicants Mr. M. S. Kulkarni, Advocate for the respondent No.1 Mr. P. D. Patil, AGP for the respondents/State CORAM :

KISHORE C. SANT, J.

DATE :

03rd OCTOBER, 2024 P. C.

STAY 1.

Since the appellant has already deposited 75% of the amount as per impugned judgment and award, there shall be stay to the impugned judgment and award till disposal of the appeal.

(2) 84ca10513.24 WITHDRAWAL 1.

Heard the parties.

2.

Considering the grounds, following order:

ORDER

a] The applicants are permitted to withdraw 50% of the total amount of compensation alongwith accrued interest on furnishing usual undertaking. Further 25% of the total amount of compensation is allowed to be withdrawn alongwith accrued interest on giving solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this court. Remaining amount be kept in a fixed deposit in any nationalized bank.

b] With this, the application stands disposed off. [KISHORE C. SANT, J.] VishalK/84ca10513.24