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Bombay High CourtCA/10954/2023admittedallowedgrantedrule absolute

Pankaj S O Vijaysing Jadhav v. The Executive Engineer Minor Irrigation Division Naded And ORS

2023-09-01Hon'Ble Shri Justice Arun R. Pedneker2 pages

CA No.10954/23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 988 CIVIL APPLICATION NO.10954 OF 2023 IN FA/2497/2023 WITH CA/10956/2023 IN FA/2497/2023 WITH CA/10955/2023 IN FA/2497/2023 PANKAJ S O VIJAYSING JADHAV

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION NADED AND ORS ...

Advocate for Applicant : Mr. A.M. Hajare Advocate for Respondent 1 : Mr. B.R. Surwase ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 01/09/2023 PER COURT :

1.

Heard the learned counsel for the respective parties. 2.

The learned counsel for the applicants submits that in connected First Appeal No. 3382/2023 this Court by order dated 19.6.2023 has permitted the claimants therein to withdraw 60% of the total compensation amount along with proportionate interest accrued thereon to the extent of their individual share on furnishing usual undertaking to the satisfaction of the Registrar Judicial of this Court. The learned counsel submits that the Acquiring Body has deposited 75% of the total compensation amount.

3.

In view of the same, the applicants herein are permitted to withdraw 60% of the total compensation amount along with proportionate interest accrued thereon to the extent of their individual share on furnishing usual undertaking to the satisfaction of the Registrar Judicial of this Court. 4.

The learned counsel submits that he has given computation of share of each applicant. Registry to verify the same.

CA No.10954/23 5.

Remaining amount i.e. 15% of total compensation deposited in this Court be invested in F.D.R. in any nationalized Bank on yearly renewal basis. The civil applications filed for withdrawal of amount are allowed and disposed of.

6.

Appeal is admitted.

7.

Respective counsel appearing for respondents waive service of notice after admission.

[ARUN R. PEDNEKER J.] ssc/