Bombay High CourtCA/14260/2016disposed offdismissed for default

Machindra Ramrao Dolas v. The Special Land Acquisition Officer, Jayakwadi Project, Aurangabad

2016-10-25Hon'Ble Shri Justice P.R. Bora3 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO.14253 OF 2016 IN FA/2055/2015 WITH CA/4211/2015 IN FA/2055/2015 WITH CA/4213/2015 IN FA/2057/2015 WITH CA/4216/2015 IN FA/2056/2015 WITH CA/4218/2015 IN FA/2058/2015 WITH CA/4221/2015 IN FA/2063/2015 WITH CA/4223/2015 IN FA/2062/2015 WITH CA/4226/2015 IN FA/2059/2015 WITH CA/4230/2015 IN FA/2061/2015 WITH CA/4233/2015 IN FA/2060/2015 WITH CA/4235/2015 IN FA/2064/2015 WITH CA/14252/2016 IN FA/2063/2015 WITH CA/14254/2016 IN FA/2056/2015 WITH CA/14255/2016 IN FA/2057/2015 WITH CA/14256/2016 IN FA/2058/2015 WITH CA/14257/2016 IN FA/2064/2015 WITH CA/14258/2016 IN FA/2061/2015 WITH CA/14259/2016 IN FA/2062/2015 WITH CA/14260/2016 IN FA/2060/2015 WITH CA/14261/2016 IN FA/2059/2015

BHUJANGARAO KISANRAO UBALE

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION THROUGH G.M.I.D.C. AURANGABAD A ...

Advocate for Applicant/s : Mr. VS Bedre, Adv. h/for Mr. Janapurkar Pradeep M.

Mr. S. G. Bhalerao, Adv. For R/1 Mr. SP Deshmukh, AGP for Respondent No.2.

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

DATE :

th October,2016.

PER COURT :

1) Heard. Considering the averments raised in the applications for withdrawal of amount and having regard to the objections raised by the acquiring body in the memo of appeal in exception to the Award, I deem it appropriate to pass the following order, -

ORDER

i) The applicants are permitted to withdraw 50% of the amount deposited by the acquiring body in this court, on submitting an undertaking that, in the event any adverse order is passed against them in the appeal/s, they will re-deposit the

amount within four months of passing such order; ii) Balance 50% amount be invested in a Fixed Deposit Receipts in any Nationalized Bank, till disposal of the appeals.

iii) The Civil Applications for withdrawal of the amount are disposed of.

2) In view of the fact that the acquiring body has deposited the amount under the Award, the execution of the impugned Award shall stand stayed till decision of the present appeals. Civil Applications for stay are disposed of.

(P.R.BORA) JUDGE bdv/