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Bombay High CourtCA/13065/2016admittedallowedgrantedrule absolute

Ramesh Udhavrao Bhatane v. The Dy. Chief Engineer, (Construction), Office Of The Dy. C.E. (C), Central Railway, Pune And ANR

2016-09-28Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.13065 of 2016 914 CIVIL APPLICATION NO. 13065 OF 2016 IN FA/44/2016 RAMESH UDHAVRAO BHATANE

VERSUS

THE DY. CHIEF ENGINEER, (CONSTRUCTION), OFFICE OF THEDY. C.E. (C), CENTRAL RAILWAY, PUNE AND ANR. ...

Advocate for Applicant : Mr.Gundre Suraj V AGP for Respondent State: Mr.S.N.Morampalle Mr.M.N. Navandar, Adv., for For R/1.

...

CORAM : P.R. BORA, J.

Dated: September 28, 2016 ...

PER COURT :- 1.

Heard learned Counsel for the applicant / original claimant and learned Counsel for acquiring body. Considering the contentions raised in the application for withdrawal of amount and having regard to the objections raised by the acquiring body in exception to the impugned award, I deem it appropriate to pass the following orders:

ORDER

1.

Application is partly allowed.

2.

Applicant is permitted to withdraw 60% of the amount deposited by the acquiring body in this Court on AGP/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.13065 of 2016 submitting an undertaking that in the event any adverse order is passed, applicant will redeposit the amount within four months from the date of such order.

3.

Applicants are permitted to withdraw balance 40% of the amount on furnishing Bank guarantee in the like amount of any Nationalized or Scheduled Bank. 4.

Civil Application stands disposed of.

( P.R. BORA, J. ) ...

AGP/-