Maruti Rama Katwate (Died) Thr Lrs. Dhondabai (Died) Thr Lrs. Vimal And Others v. Executive Engineer,Irrigation Project Strengthing(Majbutikaran) Div., Omerga Thr M.K.V.D.C. And ORS

13707.22CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 967 CIVIL APPLICATION NO.13707 OF 2022 IN FIRST APPEAL NO. 31 OF 2020 MARUTI RAMA KATWATE (DIED) THROUGH L.Rs.

DHONDABAI MARUTI KATWATE (DIED) THROUGH L.Rs. VIMAL SONYABAPU @ RAMCHANDRA JADHAV & OTHERS

VERSUS

EXECUTIVE ENGINEER, IRRIGATION PROJECT STRENGTHING(MAJBUTIKARAN) DIVISION, OMERGA & OTHERS ...

Advocate for Applicants : Mr.S.A.Wakure AGP for Respondent-State : Mr.S.S.Dande Advocate for Respondent no.1 : Mr.M.S.Kulkarni ...

CORAM : S.G.DIGE, J.

DATE : 19.10.2022 P.C. :

1] Heard the learned counsel for the applicants and learned counsel for respondent no.1. The learned counsel for the applicants submits that in connected group of matters, this Court has permitted the applicants therein withdrawal of 75% amount out of deposited amount. 50% amount is allowed to be withdrawn on furnishing undertaking and 25% amount on furnishing solvent surety. Hence requested to pass the same order.

2] Learned counsel for respondent no.1 submits that appropriate order be passed.

13707.22CA 3] Considering the submissions of both learned counsel as well as this Court [Coram : Mangesh S. Patil] has permitted in connected group of matter to withdraw 75% amount out of award amount hence this Court cannot take different view. Hence I pass the following order:-

ORDER

i] The applicants are permitted to withdraw 50% amount along with accrued interest thereon on furnishing undertaking.

ii] The applicants are permitted to withdraw 25% amount along with accrued interest thereon on furnishing solvent surety / security.

iii] Remaining 25% amount shall be deposited in fixed deposit of any Nationalized Bank.

iv] Application is disposed of.

[S.G.DIGE] JUDGE DDC