Executive Engineer, Majalgaon Canal Division No.10 Parbhani, Under Gmidc Aurangabad And Others v. Rangnath Ramkishan Akaat

ca5431.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5431 OF 2016 IN FAST/29077/2015 WITH CA/13257/2015 IN FAST/29077/2015 WITH CA/13258/2015 IN FAST/29077/2015 RANGNATH RAMKISHAN AKAAT

VERSUS

THE EXECUTIVE ENGINEER, MAJALGAON CANAL DIVISION NO.10 PARBHANI, UNDER GMIDC AURA ...

Advocate for Applicant : Mr. Kale Mahesh P.

Advocate for Respondent No.1 : Mr. B.R. Survase AGP for Respondents 2 and 3: Mr. S.R. Yadav .....

CORAM : V. K. JADHAV, J.

DATED : 17th JUNE, 2016 PER COURT:- 1.

Learned counsel for the applicant submits that in similar group matters, this Court has permitted the applicants herein withdraw 80% of the amount on furnishing undertaking and remaining 20% amount is directed to be invested in F.D.R. until disposal of first appeals. Learned counsel for the respondents acquiring body has no objection for passing the same order.

2.

In view of the above submissions, the applicant is permitted to withdraw 80% of the amount deposited by the acquiring body in the appeal, on furnishing an undertaking by the claimant that he will redeposit the amount in the event of any adverse order passed against him, within the time which may be provided by this Court at the

ca5431.16 -2relevant time. The remaining 20% of the amount be invested in fixed deposit , in any Nationalized Bank, initially for a period of three years and fixed deposit thereafter be renewed from time to time till disposal of appeal. Civil application for withdrawal of amount is disposed of. 3.

For the reasons stated in the civil application, civil application for condonation of delay is allowed. Delay condoned. Civil application is disposed of.

4.

Issue notice to the respondents in first appeal. 5.

Mr. Kale, learned counsel waives notice for respondentclaimant. 6.

Call for record and proceeding.

( V. K. JADHAV, J.) rlj/