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Bombay High CourtCA/13356/2015admittedallowedgrantedrule absolute

Nirmalabai Chandrakant Kadam v. The Executive Engineer, Irrigation Project Strengthening Divn., Omerga And Others

2015-10-16Hon'Ble Shri Justice S V Gangapurwala2 pages

1 ca 13356.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13356 OF 2015 IN FIRST APPEAL NO. 2400 OF 2014 Nirmalabai Chandrakant Kadam .. Applicant

Versus

The Executive Engineer, Irrigation Project Strengthening Division, Omerga and others .. Respondents Shri Laxmikant C. Patil, Advocate for the Applicant. Shri S. G. Sangle, Advocate for the Respondent No. 1. Shri P. N. Kutti, A.G.P. for Respondent Nos. 2 and 3. CORAM : S. V. GANGAPURWALA, J.

DATE : 16TH OCTOBER, 2015.

PER COURT :

.

This is an application for withdrawal of amount. Mr. Sangle, the learned counsel for the non applicant No. 1 opposes the application on the ground, the Reference Court has granted exorbitant compensation amount.

2.

Considering the award passed, I pass following order. 3.

The applicant is allowed to withdraw 50% of the amount deposited on submitting an undertaking to this Court that, in the

2 ca 13356.15 event appeal is allowed and the applicant is directed to deposit the amount, he shall deposit the same within a period of one month. The applicant is further allowed to withdraw 25% of the amount deposited on submitting solvent security/surety of the like amount. Remaining 25% of the amount deposited be kept in fixed deposit of any nationalized bank. The civil application is disposed of.

[ S. V. GANGAPURWALA, J. ] bsb/Oct. 15