Ganibhai Chandulal Sayyed v. The Executive Engineer Nandur Madhmeshwar Kalwa And ANR

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 19 CIVIL APPLICATION NO. 13037 OF 2024 IN FAST/16163/2023 AND CIVIL APPLICATION NO. 6966 OF 2023 IN FAST/16163/2023 AND CIVIL APPLICATION NO. 6967 OF 2023 IN FAST/16163/2023 GANIBHAI CHANDULAL SAYYED ....Applicant

VERSUS

THE EXECUTIVE ENGINEER NANDUR MADHMESHWAR KALWA AND ANR .....Respondent Mr. S. B. Solanke, Advocate for the applicant Mr. Sunil Prabhudeo Sonpawale, Advocate for the respondent No.1 CORAM : KISHORE C. SANT, J.

DATE : 10th DECEMBER, 2024 P. C.

DELAY For the reasons stated in the application, the delay

(2) stands condoned. The application stands allowed. 3.

The office to register the appeal.

APPEAL Admit.

3.

Call R & P.

4.

Mr. Solanke, Advocate waives service of notice for the respondent on admission.

STAY Since the amount is already deposited in the office of this court, there shall be stay to the impugned judgment and award till disposal of the appeal.

(3) WITHDRAWAL This application is for withdrawal of the amount deposited in the office of this court by the appellant. 3.

After hearing the parties, following order is passed:

ORDER

a] The application stands allowed.

b] The applicant is permitted to withdraw 50% of the amount deposited in the office of this court alongwith accrued interest on furnishing usual undertaking. Further 25% of the amount is allowed to be withdrawn alongwith accrued interest on giving solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this court. Remaining amount be kept in a fixed deposit in any nationalized bank to be renewed from time to time till pending the appeal.

[KISHORE C. SANT, J.] VishalK/19ca13037.24