Sambhaji Topaji Dhulshette v. The Ex. Engineer, Minor Irrigation Division, Latur And ANR

32-CAs.13827-18 and ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13827 OF 2018 IN F.A. ST. NO.3700 OF 2015 (Sambhaji Topaji Dhulshette vs.

Executive Engineer, Minor Irrigation Division, Latur and anr.) AND CIVIL APPLICATION NO.13824 OF 2018 IN F.A. ST. NO.3562 OF 2015 AND CIVIL APPLICATION NO.13825 OF 2018 IN F.A. ST. NO.3706 OF 2015 AND CIVIL APPLICATION NO.13826 OF 2018 IN F.A. ST. NO.3703 OF 2015 AND CIVIL APPLICATION NO.13822 OF 2018 IN F.A. ST. NO.3722 OF 2015 AND CIVIL APPLICATION NO.13821 OF 2018 IN F.A. ST. NO.3718 OF 2015 AND CIVIL APPLICATION NO.13823 OF 2018 IN F.A. ST. NO.3715 OF 2015

32-CAs.13827-18 and ors Mr.H.B.Nandagavale, Advocate for applicants Mr.V.P.Kadam, Advocate for respondent no.1 Mr.B.V.Virdhe, AGP for respondent no.2 ---- CORAM : R.G. AVACHAT, J.

DATE : JULY 26, 2021 ORDER :- Since the amount under the award has already been deposited, the office objection does not sustain. 2.

Learned counsel for the respondent - acquiring body strongly objects for permitting withdrawal of amount.

3.

Perused the impugned award and the applications. In view of the submissions made, the following order is passed:- (i) The applications are partly allowed.

(ii) The applicants are permitted to withdraw 50% of the deposited amount, on furnishing usual undertaking to the satisfaction of learned Registrar (Judicial) of this Court.

(iii) The applicants are also permitted to withdraw further 25% amount on submitting solvent security/surety in the like amount.

32-CAs.13827-18 and ors (iv) Balance amount be invested in Fixed Deposit in any nationalised bank for the period till disposal of the appeal (v) Civil Applications for withdrawal of amount stand disposed of. [R.G. AVACHAT, J.] KBP