M/S Reddy Associates Through Partner Janardhan Pandharinath Shelke v. Godavari Marathwada Irrigation Development Corporation Aurangabad Through Executive Engineer

11CA14771.18

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14771 OF 2018 IN WRIT PETITION NO. 11647 OF 2018 M/S REDDY ASSOCIATES THROUGH PARTNER JANARDHAN PANDHARINATH SHELKE

VERSUS

GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION AURANGABAD Advocate for Applicant : Mr. B.R. Surwase.

Advocate for Respondent : Mr. A.S. Kulkarni h/f. Mr. J.N. Singh.

CORAM : RAVINDRA V. GHUGE, J.

Dated : 11th January, 2019 PER COURT :

1.

The applicant is the original respondent in Writ Petition No. 11647. In identical matters bearing Writ Petition Nos. 9978, 9982, 9994, 9995 and 9998 of 2018, this Court has disposed of the Writ Petitions by order dated 22/10/2018 and has directed the Principal District Judge to decide the pending proceedings on/or before 28/02/2019. It is stated that this Writ Petition is also identical and the pending proceedings are therefore, being adjudicated upon by the Principal District Judge. The Principal District Judge has already allowed the respondent to withdraw 50% of the amount.

11CA14771.18 2.

In view of the above, this Writ Petition is disposed of with the same directions as are set out in the order dated 22/10/2018, stated in the five petitions mentioned above. The learned Principal District Judge would endeavour to decide MARJI No. 27/2018, along with the other matters.

3.

The Civil Application is partly allowed by permitting the applicant/firm to withdraw only Rs. 15 lakhs from this Court, on the condition of tendering the affidavit undertaking that the amount would be returned, if the firm is held to be dis-entitled for the same. So also, a solvent surety would be tendered for the said amount of Rs. 15 lakhs. ( RAVINDRA V. GHUGE, J. ) S.P.C.