Madhav Bhau Sathe And Others v. The Executive Director, Krishna Khore Mahamandal Thr Exe Engineer And Another

{1} 932 sr. no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 16303 OF 2015 IN FA/874/2014 MADHAV BHAU SATHE AND OTHERS

VERSUS

THE EXECUTIVE DIRECTOR, KRISHNA KHORE MAHAMANDAL THR EXE ENGINEER AND ANOTHER ...

Advocate for Applicants : Mr. Rajendra K. Temkar. Advocate for Respondent No.1 : Mr. G.B. Rajale. Addl. G.P. for Respondent No.2 : Mr. S. B. Yawalkar. CORAM : A.M. BADAR, J.

DATE : 16th DECEMBER,2015.

PER COURT:

1] This is an application for withdrawal of the amount of compensation deposited before the Reference Court, by the non applicant/appellant/acquiring body.

2] Heard learned counsel for the parties. Learned counsel for the applicants/respondent submits that this Court by order dated 23.10.2015 has directed withdrawal of amount of compensation, in companion appeals. Shri Rajale, learned counsel for the non applicant/appellant fairly admits that in companion appeals, there is order of permitting withdrawal of the amount of compensation.

3] Hence, the following order. :- i] The applicants are allowed to withdraw 50% of the amount deposited on submitting an undertaking to the executing Court that,

{2} 932 sr. no..odt in the event appeal is allowed and the applicants are directed to deposit the amount, they shall deposit the same within a period of one month. The applicants are further allowed to withdraw 25% of the amount deposited on submitting solvent security / surety of the like amount. ii] Remaining 25% of the amount deposited be kept in fixed deposit of any nationalized bank.

The Civil Application is disposed of.

[A.M. BADAR, J] grt/-