Balnath Bhagwan Sable And Others v. The Executive Engineer, Sina Kolegaon Medium Project,Paranda And ORS

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 75 CIVIL APPLICATION NO. 13060 OF 2018 IN FA/3848/2016 BALNATH BHAGWAN SABLE AND OTHERS

VERSUS

THE EXECUTIVE ENGINEER, SINA KOLEGAON MEDIUM PROJECT,PARANDA AND ORS ...

Advocate for Applicants : Mr. DA Mane, Adv. h/for Mr Talekar Nagesh G.

Mr. AM Phule, AGP for Respondent No.2.

--- CORAM : P.R. BORA, J.

DATED : 22nd OCTOBER, 2018.

PER COURT:- 1.

Heard learned counsel for applicants and learned AGP Shri Phule for Respondent No.2.

2.

It is informed that learned counsel appearing for the acquiring body has sent a leave note. Perused the impugned judgment and award and the grounds of objections raised in exception to the said judgment. In view of the above, following order is passed.

ORDER

i) The applicants are permitted to withdraw 50% of the deposited amount, along with interest accrued thereon, on submitting an undertaking to the satisfaction of the Registrar (Judicial) of this Court.

(2) ii) The applicants are further permitted to withdraw 25% of the deposited amount on furnishing solvent surety in the like amount;

iii) The balance 25% amount be invested in Fixed Deposit Receipt in any nationalized Bank, initially for the period till disposal of the appeal.

iii) The Civil Application stands disposed of.

(P.R. BORA) JUDGE bdv