Bombay High CourtCA/2355/2019disposed offdismissed for default

Parmeshwar Dadarao Hange v. The Ex. Engineer, Latur Minor Irrigation, Latur Div. Latur And ANR

2019-02-27Hon'Ble Shri Justice P.R. Bora2 pages

1 7131.2017.CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

909 CIVIL APPLICATION NO.2354 OF 2019 IN FAST/9516/2017 SHRIDHAR VITHOBA ANDHALE

VERSUS

THE EX. ENGINEER, LATUR MINOR IRRIGATION, LATUR AND ANR ...

Advocate for Applicant : Shri Balbhim R. Kedar Advocate for Respondent No.1 : Mrs Deepali S Ansingekar (Jape) AGP for Respondent No.2 - State : Shri P.M. Kulkarni ...

WITH CA/2350/2019 IN FAST/9852/2017 WITH CA/2351/2019 IN FAST/9846/2017 WITH CA/2352/2019 IN FAST/9839/2017 WITH CA/2353/2019 IN FAST/9855/2017 WITH CA/2355/2019 IN FAST/9843/2017 WITH CA/2356/2019 IN FAST/9849/2017 WITH CA/2357/2019 IN FAST/9825/2017 WITH CA/2358/2019 IN FAST/9833/2017 WITH CA/2359/2019 IN FAST/9836/2017 WITH CA/2360/2019 IN FAST/9830/2017 ....

CORAM : P.R. BORA, J.

Dated: February 27, 2019 PER COURT :- 1.

When the present applications are taken up for hearing, the learned Counsel for the applicants tendered across the bar the copy of the order passed by this Court (Coram : Sunil K. Kotwal, J.) on 22.11.2018 in Civil Application No.13865 of 2018 with the other connected matters and sought the same order in the present ggp

2 7131.2017.CA.doc applications also. The learned Counsel appearing for the Acquiring Body does not dispute that, in connecting matters, the Court has permitted the withdrawal of 50% amount by the applicants on submitting an undertaking and further 25% amount on solvent security. In the result, the following order is passed.

ORDER

(i) Civil Applications for withdrawal of amount are partly allowed.

(ii) Permission is granted to the applicants to withdraw 50% compensation amount on furnishing written undertaking in this Court within eight weeks from the date of passing of this order with direction to redeposit the withdrawn amount as and when directed by this Court.

(iii) Permission is also granted to the applicants to withdraw 25% amount out of the remaining compensation subject to the filing of solvent security for the said amount within the period of eight weeks from the date of passing of this order. (iv) Remaining 25% amount shall be invested in Fixed Deposit in any Nationalized Bank till final disposal of this appeal. ( P.R. BORA, J. ) ggp