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Bombay High CourtCA/450/2019disposed offdismissed for default

Kaldar Gulab Tamboli v. The Executive Engineer, Minor Irrigation Division, Osmanabad And ANR

2019-01-09Hon'Ble Shri Justice P.R. Bora2 pages

931-CA-450-2019 withdrawal.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO.450 OF 2019 IN FA/1109/2014 KALDAR GULAB TAMBOLI

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND ANR ...

Advocate for Applicant : Mr. Ingale Vivekanand V. AGP for Respondents : Mr. P.M. Kulkarni Advocate for Respondent No.1 : Mr. S.R. Dheple ...

CORAM : P.R. BORA, J.

DATED : 09th JANUARY, 2019.

PER COURT:- .

Heard Shri Ingale, the learned counsel appearing for the applicants and the Shri Dheple, the learned counsel appearing for the acquiring body.

2.

After having perused the impugned judgment and the objections raised in exception to the said judgment, I deem it appropriate to pass the following order:

ORDER

i) The application is allowed.

ii) The applicant is permitted to withdraw 70% of the amount deposited in this court on submitting an undertaking to the

931-CA-450-2019 withdrawal.odt (2) satisfaction of the Registrar of this Court.

iii) Balance 30% of the amount be invested in Fixed Deposit Receipt in any nationalized bank for the period till disposal of the appeal.

iv) Civil application stands disposed of.

(P.R. BORA, J.) Mujaheed//