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Bombay High CourtCA/12945/2024admittedallowedgrantedrule absolute

Suresh Bharat Bharti v. The Exe. Engineer, Beed, Minor Irrigation Div., Beed Thr G.M.I.D.C., Aurangabad And ANR

2024-12-13Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice Neeraj P. Dhote2 pages

2024:BHC-AUG:29549-DB 941-CA-12945-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12945 OF 2024 IN FIRST APPEAL NO. 4059 OF 2022 Suresh Bharat Bharti ..APPLICANT

VERSUS

The Executive Engineer, Beed and Another ..RESPONDENTS ....

Mr. D.R. Jayabhar, Advocate for applicant Ms. V.S. Swami, Advocate h/f Mr. M.C. Swami, Advocate for respondent no.1 Mr. S.J. Salgare, A.G.P. for respondent no.2 - State ....

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ DATE : 13th DECEMBER, 2024 PER COURT :

1.

This is an application for withdrawal of amount of compensation of Rs.15,17,021/-.

2.

Learned counsel for the applicant submits that in the similarly placed matter, Civil Application No. 1729 of 2024 this Court vide order dated 15th February, 2024 has allowed to withdraw 75% of the amount. In view of the said order, present application can be allowed. 3.

In view of above, we allow the application in terms of the 1 / 2

941-CA-12945-24.odt following order :- The applicants are permitted to withdraw 75% of the amount deposited in this Court with interest accrued thereon, i.e. 50% amount on furnishing usual undertaking and 25% amount on furnishing solvent surety/security to the satisfaction of Registrar (Judicial) of this Court. ( NEERAJ P. DHOTE, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2