Hanumant Mahaling Mengale v. The Ex. Engineer, C.R. (Nirman) Solapur Proper Dy. Chief Engineer, (Construction) Pune And ORS

2024:BHC-AUG:2082 31-CA-12356-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12356 OF 2023 IN FA/3387/2023 HANUMANT MAHALING MENGALE

VERSUS

THE EX. ENGINEER, C.R. (NIRMAN) SOLAPUR PROPER DY. CHIEF ENGINEER, (CONSTRUCTION) PUNE AND ORS ...

Advocate for Applicant : Mr. Vikram Shivaji Undre AGP for Respondents No.2 and 3 : Mr. A. S. Shinde ...

CORAM : S. G. MEHARE, J.

DATE : 25-01-2024 PER COURT :- 1.

Heard the learned counsel for the applicant. None present for respondent No.1/appellant.

2.

Perused the application.

3.

Considering the facts of the case, the application deserves to be partly allowed. Hence, the order;

i) The applicant is permitted to withdraw 75% of the deposited amount with proportionate accrued interest on the conditions that the 50% amount with proportionate interest be released on furnishing usual undertaking that he will deposit the amount, if the impugned judgment and award is reversed and 25% amount with proportionate interest be released on furnishing security.

ii) The balance 25% amount with proportionate interest be invested in the fixed deposit in any nationalized bank till further orders.

( S. G. MEHARE ) JUDGE rrd Signed by: Rajesh Rameshrao Davane Designation: PA To Honourable Judge Date: 31/01/2024 20:32:15