Sheshrao Kaduba Wagh v. The Executive Engineer Jalna Minor Irrigation Division And ORS

Ethape ( 1 ) 17-CA-13054-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 17 CIVIL APPLICATION NO. 13054 OF 2024 IN FAST/33140/2023 Sheshrao Kaduba Wagh

VERSUS

The Executive Engineer Jalna Minor Irrigation Division And Ors WITH CIVIL APPLICATION NO. 918 OF 2024 IN FAST/33140/2023 WITH CIVIL APPLICATION NO. 919 OF 2024 IN FAST/33140/2023 ...

Mr.Praveen B. Rakhunde, Advocate for Applicant. Mr. Shivaji B. Kadue for Respondent No.1.

Mr. R. K. Ingole, AGP for Respondent-State.

CORAM : KISHORE C. SANT, J.

DATE : 16th DECEMBER 2024 PC :- 1.

Heard the learned Advocate for the parties.

2.

This application is filed for withdrawal of the amount deposited by the Acquiring Body in this Court as per judgment and award passed by the Reference Court. The learned Advocate for the applicant relied upon the order passed in Civil Application No.11317 of 2024 in First Appeal

Ethape ( 2 ) 17-CA-13054-2024 (ST) No. 8475 of 2024.

3.

In view of the same, the following order:-

ORDER

(i) Application is allowed.

(ii) The applicant is permitted to withdraw 75% of the amount deposited in the office of this Court along with accrued interest as per impugned judgment and award on furnishing usual undertaking. (iii) The remaining amount be deposited in Fixed Deposit in any nationalized bank till final disposal of the appeal. (iv) Application stands disposed off.

[KISHORE C. SANT, J.]