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Bombay High CourtCA/16955/2015disposed offdismissed for default

Radheshyam Nagnathrao Patil Died Lrs Lila And Others v. The Executive Engineer, Medium Project Division, Nanded And Others

2016-04-01Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.16955/2015 IN FIRST APPEAL NO. 186/2015.

RADHESHYAM S/O NAGNATHRAO PATIL DIED LR.

VS THE EXECUTIVE ENGINEER, MEDIUM PROJECT DIVISION, NANDED AND ORS.

...

Mr. PV Mandlik, Sr.Counsel, for applicants;

Mr. R.C.Patil, Adv. For Resp.No.1.

Mr. CV Dharurkar, AGP for Resp.No.2 ----- CORAM :

P.R.BORA, J.

DATE :

1 st April,2016.

PER COURT :

1) This is the application by original claimants for withdrawal of the amount. The original claimants are seeking 100% withdrawal of the amount deposited by the acquiring body in this Court.

2) Shri Patil, learned counsel appearing for the acquiring body submits that in view of the objections raised by the acquiring body, the compensation is likely to be reduced to a greater extent. However, he concedes for permitting the applicants to withdraw 50% of the amount and

remaining 50% to be invested in FDR. The learned Counsel for the applicants has also conceded to this arrangement. Hence, the following order, -

ORDER

a) The applicants are permitted to withdraw 50% of the amount deposited by the acquiring body in this Court unconditionally.

b) The balance 50% be invested in Fixed Deposit Receipt for the period until disposal of the appeal.

c) The Civil Application stands disposed of.

(P.R.BORA) JUDGE bdv/