Bhagwan Sakharam Dongare v. The Executive Engineer, Irrigation Division, Jalna And ORS

1 ca.15518.16 ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 15518 OF 2016 IN FA/3774/2016 WITH CA/15516/2016 IN FA/3773/2016 WITH CA/15517/2016 IN FA/3775/2016 WITH CA/15519/2016 IN FA/3776/2016 BHAGWAN SAKHARAM DONGARE

VERSUS

THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, JALNA AND OTHERS ...

Advocate for Applicant : Mr. Vilas M. Humbe.

Advocate for Respondent No.1 : Mr. B. R. Surwase. AGP for Respondent / State : Mr.S.P.Sonpawle. ...

CORAM :

V. K. JADHAV, J.

DATE :

09th January, 2017.

P.C.:

.

The learned counsel for the Applicants submits that this Court by order dated 29th November, 2016 permitted the Applicants to withdraw the amount on submitting an undertaking when Applicants have referred the order passed by the Court dated 15th September, 2016 wherein the Applicants therein from the same award are permitted to withdraw an amount to the extent of 75% deposited before the Court. The learned counsel submits that inadvertently in the operative part of the order instead of permitting the Applicants to withdraw 75% of the amount deposited before the Court, the Applicants are permitted to withdrawn 50% of the deposited amount.

1 ca.15518.16 ors.odt The learned counsel for Respondent / acquiring body also accepted this position.

In view of the above, the order dated 29th November, 2016, is corrected and clause (i) of the operative part of the order wherein it is mentioned that "Applicants are permitted to withdraw 50% of the amount", instead of that insert, "Applicants are permitted to withdraw 75% of the amount."

Motion for speaking to minutes is accordingly disposed of. [ V. K. JADHAV, J. ] ndm