The Executive Engineer, Irrigation Division, Zilla Parishad, Aurangabad And ANR v. Ganpat Namdeo Jadhav

1 914 CA 14373-22+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO.14373 OF 2022 IN FA/4609/2017 WITH CIVIL APPLICATION NO.12948 OF 2016 IN FA/4609/2017 GANPAT NAMDEO JADHAV

VERSUS

THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, ZILLA PARISHAD, AURANGABAD AND ANR ...

Advocate for Applicant : Mr. Bide D. A. and V. B. Wayal AGP for Respondent No.2 : Mr. P. N. Kutti Advocate for Respondent NO.1 : Mr. Pradeep Tambade h/f Mr. D. B. Pawar ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 11/10/2022.

P. C. :

IN CIVIL APPLICATION NO.14373 OF 2022 :

1.

Heard rival submissions.

2.

The applicant is seeking withdrawal of entire amount of compensation of the impugned award, which has been deposited by the acquiring body. This court in other similar matters vide order dated 23/09/2022 has already permitted the applicants therein to withdraw 75% of the deposited amount. As such, similar order would follow.

3.

The application is allowed and applicant is permitted to withdraw 75% of the deposited amount alongwith the accrued interest thereon till date, on furnishing usual undertaking before the Registrar (Judicial) of this Court. The remaining 25% amount

2 914 CA 14373-22+ shall be invested in FDR in any Nationalized Bank during pendency of the appeal. Accordingly the application is disposed of. IN CIVIL APPLICATION NO.12948 OF 2016 :

1.

Heard rival submissions.

2.

The appellant acquiring body has deposited the entire amount of impugned award. As such, the application is made absolute in terms of prayer clause-B and accordingly disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-