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Bombay High CourtCA/617/2023admittedallowedgrantedrule absolute

The Executive Engineer Reinforcement Division ,Omerga v. Pandurang Vitthoba Shinde Died His Lrs Chandrabai Pandurang Shinde

2024-10-03Hon'Ble Shri Justice Kishore C. Sant3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 81 CIVIL APPLICATION NO. 10507 OF 2024 IN FAST/33974/2022 AND CIVIL APPLICATION NO. 10508 OF 2024 IN FAST/33841/2022 AND CIVIL APPLICATION NO. 613 OF 2023 IN FAST/33841/2022 AND CIVIL APPLICATION NO. 614 OF 2023 IN FAST/33841/2022 AND CIVIL APPLICATION NO. 617 OF 2023 IN FAST/33971/2022 AND CIVIL APPLICATION NO. 618 OF 2023 IN FAST/33971/2022 AND CIVIL APPLICATION NO. 615 OF 2023 IN FAST/33974/2022 AND CIVIL APPLICATION NO. 616 OF 2023 IN FAST/33974/2022 DHULAPPA SHIVAPPA SONKATE ....Applicant

VERSUS

THE EXECUTIVE ENGINEER REINFORCEMENT DIVISION OMERGA KARYKARI ABHIYANTA PATHBANDHARE MAJBUTIAKAR VI .....Respondent

(2) Mr. V. B. Deshmukh, Advocate for the applicant Mr. Madhav N. Kalyane, Advocate h/f Mr. G. B. Rajale, Advocate for the respondent No.1 Mr. K. S. Hoke Patil, AGP for the respondents CORAM :

KISHORE C. SANT, J.

DATE :

03rd OCTOBER, 2024 P. C.

STAY 1.

The appellants have deposited the entire amount as per the impugned judgment and award.

2.

Considering the above, there shall be stay to the impugned judgment and award till disposal of the appeals. DELAY 1.

Heard the parties.

2.

For the reasons stated in the applications, the delay stands condoned. The applications stands allowed.

(3) WITHDRAWAL 1.

All these applications are for withdrawal of the amount deposited by the appellants in the office of this court. 2.

Considering the submissions, following order:-

ORDER

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 Further 25% of the amount is allowed to be withdrawn on furnishing solvent security/surety to the satisfaction of the learned Registrar (Judicial) alongwith accrued interest.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

b] The applications stand disposed off.

[KISHORE C. SANT, J.] VishalK/81ca10507.24