Mohan Sahebrao Titave And ORS v. The Executive Engineer Osmanabad Medium Project Division Osmanabad

2025:BHC-AUG:30518 1 908 ca 11652.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11652 OF 2025 IN FIRST APPEAL NO. 2912 OF 2023 Dhondiram Mohan Titave .. Applicant

Versus

The Executive Engineer Osmanabad, (M.P.) and others .. Respondents WITH CIVIL APPLICATION NO. 11653 OF 2025 IN FIRST APPEAL NO. 2911 OF 2023 Mohan Sahebrao Titave and others .. Applicants

Versus

The Executive Engineer Osmanabad, (M.P.) and others .. Respondents Shri Anant R. Devkate, Advocate for the Applicants in both matters.

Shri Arun H. Koralkar, Advocate for the Respondent No. 1 in both matters.

Shri S. V. Hange, A.G.P. for the Respondent Nos. 2 and 3 in both matters.

CORAM : SHAILESH P. BRAHME, J.

DATE : 07TH NOVEMBER, 2025.

FINAL ORDER :

.

Applicants are seeking further withdrawal of amount and

2 908 ca 11652.25 for that purpose reliance is placed on common order dated 05.08.2025 passed by this Court permitting those claimants to receive 75% of the deposited amount.

2.

Learned advocate Mr. Koralkar appearing for the acquiring body submits that in pursuance of order passed by this Court 75% amount has been deposited in these matters and already applicants were permitted to receive 50% of the deposited amount. It is submitted that there is no need for further disbursement.

3.

Common order dated 05.08.2025 shows that in similarly situated matters 50% amount was permitted to be disbursed on furnishing undertaking and 25% amount was permitted to be disbursed on furnishing solvent security/surety. In the present appeals 75% of the amount is deposited by the acquiring body meaning thereby 25% amount is secured. By previous order dated 04.05.2025, 50% amount was permitted to be disbursed. I find it fit to further disburse balance 50% of the amount deposited on certain conditions.

4.

Both applications are allowed partly.

5.

Applicants shall receive 25% of the amount deposited with accrued interest on furnishing undertaking and remaining 25% of the amount deposited with accrued interest on furnishing

3 908 ca 11652.25 solvent security/surety to the satisfaction of the Registrar (Judicial) of this Court. The civil applications are disposed of. [ SHAILESH P. BRAHME J. ] bsb/Nov. 25