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Bombay High CourtCA/14161/2016disposed offdismissed for default

Chandrakant Jagannathappa Chayande Died Thr His Lrs Nirmala And Others v. The Dy. Chief Engineer, (Construction) Office Of The Dy. C.E. (C), Central Railway, Pune And ANR

2016-10-24Hon'Ble Shri Justice P.R. Bora2 pages

24 ca 14161.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 24 CIVIL APPLICATION NO. 14161 OF 2016 IN FA/880/2016 CHANDRAKANT JAGANNATHAPPA CHAYANDE DIED THR HIS LRS NIRMALA AND OTHERS

VERSUS

THE DY. CHIEF ENGINEER, (CONSTRUCTION) OFFICE OF THE DY. C.E. (C), CENTRAL RAILWA ...

Advocate for Applicants : Gundre Suraj V AGP for Respondents: S.N. Morampalle Advocate for Respondents :M.N. Navandar ...

CORAM : P.R. BORA, J.

DATE : 24-10-2016.

P.C. :

1.

Heard the learned counsel appearing for the applicant i.e. original claimants and learned counsel for the acquiring body Out of 8 original claimants the present application is filed on behalf of four of them. The amount of compensation is to be apportioned in equal shares in all 8 claimants. I see no difficulty in allowing the present applicants to withdraw 60% of the amount which may fall to their share.

2.

The application stands allowed to the aforesaid extent. The applicants are permitted to withdraw 60% of the amount falling to their share on submitting an undertaking, that in the event any adverse order is passed the will require to re-deposit the said amount within four months of passing of such order. The applicants

24 ca 14161.16.odt are further permitted to withdraw the balance 40% which may fall to their share on furnishing bank guarantee in the like amount of any nationalised bank or scheduled bank. The balance amount obviously of the share of the other claimants if already not withdrawn by those claimants shall be invested in F.D.R. in any nationalised bank, initially for a period of two years and if so required for further period till the disposal of the appeal. 3.

Civil application disposed of.

(P.R. BORA) JUDGE mub