← Library
Bombay High CourtCA/13028/2016disposed offdismissed for default

Sudam Tukaram Khose v. The Executive Engineer, Nimna Dudhna Project And ORS

2016-10-21Hon'Ble Shri Justice P.R. Bora3 pages

(1) 909 CIVIL APPLICATION NO. 12954 OF 2016 IN FA/1327/2016 WITH CA/13246/2016 IN FA/1322/2016 WITH CA/13247/2016 IN FA/1324/2016 WITH CA/13248/2016 IN FA/1325/2016 MADHAVRAO ABASAHEB NAJAN AND ANOTHER

VERSUS

THE EXECUTIVE ENGINEER, NIMNA DUDHNA PROJECT AND ORS Advocate for Applicants : Mr.Bhise Vitthal D. AGP for Respondent State: Mr. S.P.Deshmukh Mr.S.C. Arora, Adv., for R/1.

910 CIVIL APPLICATION NO. 13028 OF 2016 IN FA/1323/2016 SUDAM TUKARAM KHOSE

VERSUS

THE EXECUTIVE ENGINEER, NIMNA DUDHNA PROJECT AND ORS Advocate for Applicant : Mr.Bhise Vitthal D.

AGP for Respondent State: Mr. S.N.Morampalle Mr.S.C. Arora, Adv., for R/1.

2 CIVIL APPLICATION NO. 13010 OF 2016 IN FA/1326/2016 SOMESHWAR SOPAN SHEVALE AND OTHERS

VERSUS

THE EXECUTIVE ENGINEER, NIMNA DUDHNA PROJECT AND ORS

(2) Advocate for Applicants : Mr.Bhise Vitthal D. AGP for Respondent State: Mr.A.M.Phule Mr.S.C. Arora, Adv., for R/1.

CORAM : P.R. BORA, J.

Dated: October 21, 2016 PER COURT :- 1.

Heard learned Counsel for the applicants and the learned Counsel appearing for the acquiring body. 2.

For the reasons stated in the applications for withdrawal of the amount and having regard to the objections raised by the acquiring body in the memo of appeals in exception to the impugned judgment and awards, I deem it appropriate to pass the following order:

ORDER

1.

The applicants are, at present, permitted to withdraw 50 per cent of the deposited amount on submitting an undertaking that in the event any adverse order is passed against the applicants in the appeals, the applicants will re-deposit the amount so withdrawn within four months of passing of such order.

(3) 2.

The Balance 50 per cent of the amount be invested in a Fixed Deposit Receipt in any Nationalized Bank initially for a period of two years and, if required, for further period till disposal of the appeal.

3.

Civil Applications for withdrawal of amount disposed of.

4.

Place the matters for final disposal on 25th November, 2016.

5.

Record and Proceedings be called for.

( P.R. BORA, J. )