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Bombay High CourtCA/13176/2019disposed offdismissed for default

Venubai Namdeo Gaikwad And Others v. Godavari Marathwada Irrigation Development Corporation Ltd. Thr Its Ex. Engineer And ORS

2019-11-15Hon'Ble Shri Justice Mangesh S. Patil2 pages

CA13176.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13176 OF 2019 IN FIRST APPEAL NO. 3796 OF 2017 VENUBAI NAMDEO GAIKWAD AND OTHERS

VERSUS

GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION LTD. THROUGH ITS EX. ENGINEER Advocate for Applicants : Mrs. A.D. Rakh.

AGP for Respondent/State : Mr. Y.G. Gujarathi.

CORAM

: MANGESH S. PATIL, J.

DATE : .12.12.2019 PER COURT :

Motion is made for speaking to the minutes of the order dated 15.11.2019, passed in Civil Application No. 12969/2019 in First Appeal No. 2075/2012 and connected matters.

2.

Learned advocate Mrs. Rakh submits that as the appeals have been disposed of, the original claimants have been seeking to withdraw the amount deposited with this Court. Though in rest of the First Appeals only 25% of the amount deposited by the acquiring body still remains with the Court, in First Appeal No. 3796/2017, 50% of the amount is still lying with this Court. Mistakenly, the same order has been solicited in all these three appeals.

3.

The order shall stand modified and shall be read as under :

CA13176.19.odt "25% amount is allowed to be withdrawn in rest of First Appeals and in connected First Appeal No. 3796/2017, the claimant therein is entitled to withdraw 50% of the amount of compensation lying with this Court."

4.

Necessary correction be made.

5.

Motion stands disposed of.

( MANGESH S. PATIL, J. ) S.P.C.