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Bombay High CourtCA/12727/2018disposed offdismissed for default

Namdeo Pralhad Veer Died His Lrs Baban Namdeo Veer And ORS v. The Executive Engineer, Lift Irrigation Division, Osmanabad And ORS

2018-10-31Hon'Ble Shri Justice P.R. Bora2 pages

1 12727.2018.CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

936 CIVIL APPLICATION NO.12727 OF 2018 IN FAST/11062/2016 WITH CA/7826/2016 IN FAST/10976/2016 WITH CA/7849/2016 IN FAST/11062/2016 WITH CA/7859/2016 IN FAST/11074/2016 WITH CA/12728/2018 IN FAST/10976/2016 WITH CA/12729/2018 IN FAST/11074/2016 NAMDEO PRALHAD VEER DIED HIS LRS BABAN NAMDEO VEER AND ORS

VERSUS

THE EXECUTIVE ENGINEER, LIFT IRRIGATION DIVISION, OSMANABAD AND ORS ...

Advocate for Applicants : Shri Ramraje A. Deshmukh; Advocate for Respondent No.1 : Shri S.G. Sangle; AGP for Respondents - State : Shri A.M. Phule. ...

CORAM : P.R. BORA, J.

Dated: October 31, 2018 PER COURT :

1.

Heard the learned Counsel appearing for the respective parties.

2.

It is brought to my notice that, in the companion matter, this Court (Coram: Sunil K. Kotwal, J.) vide order passed on 11.10.2018 has permitted the claimants to withdraw 40% amount on personal undertaking and 20% amount on furnishing solvent surety to the satisfaction of the Registrar

2 12727.2018.CA.doc (Judicial) of this Court and the balance amount is directed to be deposited in Fixed Deposit Receipt in any Nationalized Bank. The learned Counsel for the applicants has prayed for similar order in this matter. The learned Counsel for the respondent has not disputed the fact of such order passed on 11.10.2018. Hence the following order.

ORDER

(i) The applicants are permitted to withdraw 40% of the deposited amount on personal undertaking.

(ii) The applicants are further permitted to withdraw 20% of the deposited amount on furnishing solvent surety to the satisfaction of the Registrar (Judicial) of this Court. (iii) Balance 40% amount be invested in Fixed Deposit Receipt in any Nationalized Bank initially for the period of two years and if so required, for the further period till disposal of the appeal.

(iv) Civil Applications for withdrawal of amount stand disposed of.

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

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