Sambhaji Shrirang Suryawanshi (Died) Thr Lrs Krushna And ORS v. The Ex. Engineer, Medium Project Div. Latur And ANR

(1) 933 CA-15337.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 CIVIL APPLICATION NO.15337 OF 2022 IN FA/1101/2019 SAMBHAJI SHRIRANG SURYAWANSHI (DIED) THROUGH LRS KRUSHNA AND OTHERS

VERSUS

THE EX. ENGINEER, MEDIUM PROJECT DIV. LATUR AND ANR ...

Mr. V.G. Kodale, Advocate holding for Mr. V.D. Gunale, Advocate for the applicants.

Mr. B.V. Virdhe, A.G.P. for respondent No.1.

Mr. S.C. Arora, Advocate for respondent No.2. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

16.11.2022.

ORDER :

1.

Heard rival submissions. The applicants, who are the legal heirs of original claimant, are seeking withdrawal of entire amount of compensation as deposited by the present respondent and original appellant Acquiring Body as per the order dated 16.03.2018. However, this Court, vide order dated 20th December 2021 in other similar matter, had allowed the applicants therein to withdraw 75% of the deposited amount. As such, same order will follow.

2.

The applicants herein are permitted to withdraw 75% of the deposited amount alongwith the proportionate interest accrued thereon till date by furnishing usual

(2) 933 CA-15337.2022.odt undertaking before the Registrar (Judicial) of this Court. The remaining amount be kept in F.D.R. in any Nationalized Bank till fnal disposal of the appeal.

3.

The application is disposed accordingly.

(SANDIPKUMAR C. MORE, J.) vd_dhirde