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Bombay High CourtCA/11930/2024partly allowed and partly dismissed

Gokul Deorao Shinde v. The Ex. Engineer, Osmanabad Medium Project Div. Osmanabad And ORS

2025-02-21Hon'Ble Shri Justice R. M. Joshi2 pages

2025:BHC-AUG:5031

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 CIVIL APPLICATION NO. 11930 OF 2024 IN FA/1432/2023 GOKUL DEORAO SHINDE

VERSUS

THE EX. ENGINEER, OSMANABAD MEDIUM PROJECT DIV. OSMANABAD AND ORS Mr. A. S. More, Advocate fort he applicant Mr. N. D. Raje, AGP for the respondent/State Mr. G. B. Rajale, Advocate for respondent No.2.

CORAM

: R. M. JOSHI, J.

DATE : 21st FEBRUARY, 2025 PER COURT :- 1.

Learned counsel for the applicant submits that he prays for withdrawal of the amount to the extent of 15% of the balance amount deposited in this Court in First Appeal No. 1432/2023. 2.

Learned counsel for the respondents opposed the application. 3.

Perusal of the order dated 7th May, 2024 passed by this Court indicates that respondents were permitted to withdraw the amount to the extent of 75% deposited in this Court for the reason that the money is required for the treatment of son and grandson. He has filed certificate of Dr. Bharat Soni, Madhav Superficiality Hospital, Navi Mumbai dated 1st October, 2024 submitted that these persons required surgical 939.ca11930.24.odt

intervention and for that purpose the estimated cost is Rs.10 lakhs approximately.

4.

In view of the above, application is partly allowed in following terms.

ORDER

(i) Applicant is permitted to withdraw 15% of the balance amount deposited in this Court.

(R. M. JOSHI, J.) ssp 939.ca11930.24.odt