Pandit S/O Deorao Kharat And ORS v. The Executive Engineer M.I.D. Near Motibag Jalna Thr Gmidc Aurangabad

2024:BHC-AUG:20204 976-CA-9354-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9354 OF 2024 IN FAST/29972/2023 Pandit S/o Deorao Kharat And Ors

VERSUS

The Executive Engineer M.i.d. Near Motibag Jalna Thr Gmidc Aurangabad *** • Mr. V. M. Humbe, Advocate for the Applicants • Mr. M. C. Swami, Advocate for Respondent No.1 • Mr. K. B. Jadhavar, AGP for Respondent Nos. 2 and 3 ***

CORAM

: KISHORE C. SANT, J DATE : AUGUST 30, 2024 PER COURT :

1.

Present application is for withdrawal of the amount of compensation deposited by the Appellant in this Court pursuant to impugned judgment and award passed by the learned Reference Court.

2.

Learned Advocate for the Applicants submit that the Appeals are filed only to the extent of award under Section 28 from the date of possession and not from the date of notification/award. It is seen that the dispute is only about the date of award under Section 28. The enhancement is not opposed.

Umesh

976-CA-9354-2024.odt 3.

Considering the above, Applicants are permitted to withdraw 75% of the amount deposited in this Court on furnishing usual undertaking.

4.

Application stands disposed of.

(KISHORE C. SANT, J.) Umesh