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Bombay High CourtFA/3197/2016withdrawn

The Executive Engineer, Krashna Khore Osmanabad Medium Project Division v. Mhatardeo Sakharam Waman And Others

2018-12-08Shri Justice J P Devadhar3 pages

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IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE MANGESH S. PATIL, HELD ON 08.12.2018, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 989 FIRST APPEAL NO.3197 OF 2016 WITH X-OBJST/3658/2017 IN FA/3197/2016 THE EXECUTIVE ENGINEER, KRISHNA KHORE OSMANABAD MEDIUM PROJECT DIVISION

VERSUS

MHATARDEO SAKHARAM WAMAN AND OTHERS AND 990 FIRST APPEAL NO.3686 OF 2016 THE EXECUTIVE ENGINEER, KRISHNA KHORE OSMANABAD MEDIUM PROJECT DIVISION

VERSUS

RAMKISAN MARUTI WAMAN AND OTHERS ...

Mr. A.R.Kale, Advocate for Appellant Mr. S.B.Yawalkar & Mr. R.B.Bagul, AGPs for Respondents-State Mr. N.K.Tungar, Advocate for Respondents-Claimants Mr. Nitin P. Ambure, Executive Engineer, Osmanabad Medium, Project Division, Osmanabad.

...

O R D E R

1.

The learned advocate Mr. A.R.Kale for the appellant on instructions from the appellant Mr. Nitin Prabhakar Ambure, Executive Engineer, Osmanabad Medium Project Division, Osmanabad submits that since the fact situation in all these appeals is squarely covered by the Government Resolution dated 03.11.2016 and the Corrigendum dated 23.02.2017 and 13.08.2018, the appellant does not want to proceed with the

-2appeals and those may be disposed of as withdrawn. 2.

The learned advocate for the respondents / claimants submits that the respondents do not have any objection for withdrawal of the appeals.

3.

As per the joint request of the learned advocates for both the sides, the component of interest under Sections 28 and 34 shall be calculated in accordance with the decision of the Full Bench in the case of State of Maharashtra Vs. Kailash Shiva Rangari ; 2016 (4) ALL MR 513 (F.B.).

4.

The appeals are disposed of as withdrawn.

5.

Court fee be refunded as per rules.

6.

The cross objection Stamp No.3658 of 2017 shall continue. 7.

Respondents / claimants shall be entitled to receive the amount deposited in this Court together with interest accrued thereon.

8.

Civil Application / s, if any, is / are disposed of. (K.B. Choudhari) (A.T.A.K. Shaikh) (Mangesh S. Patil, J.) Advocate D.J.(Retd.) Head of the Panel Member Member Date: 08.12.2018 Place: Aurangabad vmk/

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