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Bombay High CourtCA/13539/2023admittedallowedgrantedrule absolute

Bhimrao Girdhar Patil (Deceased) Thr Lrs. Manglabai Bhimrao Patil (Borse) And ORS v. The Executive Director, Tapi Sinchan Vikas Mahamandal (Tidc) Jalgaon Thr The Ex. Engineer,Chopda

2023-11-06Hon'Ble Shri Justice Arun R. Pedneker2 pages

CA 13539/23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 53 CIVIL APPLICATION NO.13539 OF 2023 IN FA/3332/2021 WITH CA/13929/2021 IN FA/3332/2021 BHIMRAO GIRDHAR PATIL (DECEASED) THR LRS. MANGLABAI BHIMRAO PATIL (BORSE) AND ORS

VERSUS

THE EXECUTIVE DIRECTOR, TAPI SINCHAN VIKAS MAHAMANDAL(TIDC) JALGAON THR THE EX.ENGINEER,CHOPDA ...

Advocate for Applicants : Mr. V.B. Patil AGP for Respondent 2 : Mr. N.T. Bhagat Advocate for Respondent 1 : Mr. D.B. Rasve h/f. Mr. A.D. Pawar ...

CORAM : ARUN R. PEDNEKER, J.

DATED : 06/11/2023 PER COURT :

1.

Heard the learned counsel for the parties.

2.

In the application for withdrawal of amount, the learned counsel for the claimants has produced the order dated 21.11.2022 passed in Civil Application No. 12838/2022 in First Appeal No. 3160/2021 and other connected matters, by which this Court has permitted the applicants/claimants therein to withdraw entire amount deposited in this Court by furnishing usual undertaking to the satisfaction of the Registrar Judicial of this Court.

3.

The learned counsel for the Acquiring Body has strongly opposed the application.

4.

In view of the above order passed in identical appeals, I deem it appropriate to permit the applicants herein to withdraw entire amount of compensation deposited in this Court along with the accrued interest thereon till date on furnishing usual undertaking to the satisfaction of the Registrar Judicial of this Court. Civil Application for withdrawal of amount is

CA 13539/23 disposed of.

5.

Since the appellant Acquiring Body has deposited amount of compensation as directed by this Court, the ad-interim stay granted earlier is confirmed. Stay application is disposed of. 6.

Appeal is admitted.

7.

On admission, Mr. V.B. Patil, learned counsel waives service of notice for original claimants.

8.

Call R. & P.

[ARUN R. PEDNEKER J.] ssc/