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Bombay High CourtCA/1527/2019disposed offdismissed for default

Rameshwar Dhondiba Shete v. The Executive Engineer, M.I.D. Osmanabad Thr Gmidc Aurangabad And ORS

2019-01-29Hon'Ble Shri Justice P.R. Bora2 pages

962-CA-1525-2019 (gr)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 962 CIVIL APPLICATION NO.1525 OF 2019 IN FA/4024/2017 MITHU ISAK SINDH

VERSUS

THE EXECUTIVE ENGINEER, M.I.D. OSMANABAD THR GMIDC AURANGABAD AND ORS WITH WITH CA/1526/2019 IN FA/4025/2017 WITH CA/1527/2019 IN FA/4023/2017 WITH CA/1528/2019 IN FA/4039/2017 WITH CA/1529/2019 IN FA/4037/2017 WITH CA/1530/2019 IN FA/4030/2017 WITH CA/1531/2019 IN FA/4029/2017 WITH CA/1532/2019 IN FA/4028/2017 WITH CA/1533/2019 IN FA/4026/2017 WITH CA/1534/2019 IN FA/4035/2017 WITH CA/1535/2019 IN FA/4034/2017 WITH CA/1536/2019 IN FA/4033/2017 WITH CA/1537/2019 IN FA/4032/2017 WITH CA/1538/2019 IN FA/4031/2017 WITH CA/1539/2019 IN FA/4036/2017 ....

Advocate for Applicants : Mr. V.S. Tanwade Advocate for Respondent No.1 : Mr. S.G. Bhalerao AGP for Respondent-State : Mr. S.J. Salgare ....

CORAM : P.R. BORA, J.

DATED : 29th JANUARY, 2019 PER COURT:- 1.

Heard the learned counsel for the applicants and the learned counsel appearing for the acquiring body as well as the learned AGP appearing for the State.

2.

The learned counsel for the applicants seeks leave to amend the cause title in CA No.1527/2019 to the effect that the said application is filed in FA No.4034/2017 and CA No.1534/2019 is filed in FA No.4023/2017. Leave to amend.

962-CA-1525-2019 (gr) 3.

It is brought to my notice that in connected matters, this Court has permitted the claimants to withdraw 50% of the deposited amount on submitting an undertaking to the satisfaction of Registrar of this Court and further permitted to withdraw 25% of the deposited amount on submitting a solvent surety/security in the like amount to the satisfaction of Registrar of this Court, and the balance 25% of the amount be invested in Fixed Deposit Receipt. The learned counsel appearing for the applicants prayed for passing similar order in all these matters. Order accordingly.

ORDER

[I] The applicants are permitted to withdraw 50% of the deposited amount on submitting an undertaking to the satisfaction of Registrar of this Court.

[ii] The applicants are further permitted to withdraw 25% of the deposited amount on submitting a solvent surety/security in the like amount of the satisfaction of Registrar of this Court. [iii] The balance 25% of the amount be invested in Fixed Deposit Receipt of any nationalized Bank for the period till disposal of the appeal.

[iv] All the civil applications for withdrawal of the amount are disposed of.

[v] List the present group of appeal with other connected appeals on 14.03.2019.

( P.R. BORA ) JUDGE Sudhir Rane