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Bombay High CourtCA/16366/2016disposed offdismissed for default

Baburao Ganpatrao Telange Thr Power Of Attorney Holder Venkat Santoba Bodake v. Godavari Marathwada Irrigation Development Corporation Through Its Executive Engineer And ANR

2017-06-23Hon'Ble Shri Justice P.R. Bora3 pages

1 CA16364.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

944 CIVIL APPLICATION NO.16364 OF 2016 IN FIRST APPEAL NO.1536 OF 2012 ANTRAM BABURAO HUDGE .. Applicants

VERSUS

GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION THROUGH ITS EXECUTIVE ENGINEER AND ANOTHER .. Respondents ...

Advocate for Applicant :

Mr. G.K. Sontakke & Sau. P.G. Sontakke Advocate for Respondent No.1 :

Mr. S.G. Sangle AGP for respondent no.2 :

Mr. S.N. Ganachari ...

WITH CIVIL APPLICATION NO.16365 OF 2016 IN FIRST APPEAL NO.1531 OF 2012 WITH CIVIL APPLICATION NO.16366 OF 2016 IN FIRST APPEAL NO.1535 OF 2012 WITH CIVIL APPLICATION NO.16367 OF 2016 IN FIRST APPEAL NO.1534 OF 2012 WITH CIVIL APPLICATION NO.16368 OF 2016 IN FIRST APPEAL NO.1523 OF 2012 WITH CIVIL APPLICATION NO.16369 OF 2016 IN FIRST APPEAL NO.1525 OF 2012 WITH

2 CA16364.2016 CIVIL APPLICATION NO.16370 OF 2016 IN FIRST APPEAL NO.1527 OF 2012 WITH CIVIL APPLICATION NO.100 OF 2017 IN FIRST APPEAL NO.1524 OF 2012 WITH CIVIL APPLICATION NO.8131 OF 2017 IN FIRST APPEAL NO.1530 OF 2012 WITH CIVIL APPLICATION NO.8132 OF 2017 IN FIRST APPEAL NO.1528 OF 2012 WITH CIVIL APPLICATION NO.8133 OF 2017 IN FIRST APPEAL NO.1532 OF 2012 WITH CIVIL APPLICATION NO.8134 OF 2017 IN FIRST APPEAL NO.1533 OF 2012 WITH CIVIL APPLICATION NO.8135 OF 2017 IN FIRST APPEAL NO.1529 OF 2012 WITH CIVIL APPLICATION NO.8136 OF 2017 IN FIRST APPEAL NO.1529 OF 2012 CORAM: P. R. BORA, J.

DATE : 23rd JUNE, 2017.

Per Court :

1.

Heard the learned counsel appearing for the applicant and the learned counsel appearing for Acquiring Body. Having regard to the grounds of objections raised in memo of appeal in exception to

3 CA16364.2016 the awards impugned in the present appeals and considering the averments in the application for withdrawal of the amount, I deem it appropriate to pass the following order.

ORDER

1.

The applicants are permitted to withdraw 40% of the deposited amount on furnishing an undertaking that, in the event any adverse order is passed, they will redeposit the said amount within four months of passing such order.

2.

Applicants are permitted to withdraw balance 60% of the amount on submitting bank guarantee in the like amount of any nationalized bank to the satisfaction of the Registrar (Judicial) of this Court.

3.

Civil application stands disposed of accordingly. [ P. R. BORA, J. ] ggp