Sanjeevani Shivaji Mirkad And ORS v. Maharashtra State Electric Distribution Co. Ltd. Thr Its Exe. Engineer And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) CA NO.12859/2016 48 CIVIL APPLICATION NO. 12859 OF 2016 IN FA/2520/2016 SANJEEVANI SHIVAJI MIRKAD AND ORS

VERSUS

MAHARASHTRA STATE ELECTRIC DISTRIBUTION CO. LTD. THR ITS EXE. ENGINEER AND ORS ...

Advocate for Applicants : Mr.Kasliwal Ajit D. ...

CORAM : P.R. BORA, J.

Dated: November 15, 2016 ...

PER COURT :- 1.

When the matter is called out, none has appeared for the respondents i.e. The original appellants. The record shows that the matter was adjourned in the past at the instance of the appellant. Today also, even on second call, none has appeared for the appellants. Learned Counsel appearing for the applicants submits that the appellants have now deposited the amount as directed by this Court and they have deposited only the amount of Rs.2,88,210/-. The applicants are seeking withdrawal of the deposited amount. The appellants have raised several grounds in exception to the impugned judgment and award. Considering the grounds of objections raised and having regard to the contentions raised in the present application for withdrawal of the deposited amount, I am inclined to pass the following order:

AGP/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) CA NO.12859/2016

ORDER

1.

The applicants are permitted to withdraw the deposited amount on submitting an undertaking that in case any adverse order is passed, they will re-deposit the amount so withdrawn by them within two months of passing of such order. Application for withdrawal of amount is disposed of.

( P.R. BORA, J. ) ...

AGP/-