Ganesh Nagorao More v. The Executive Engineer Latur Minor Irrigation Division Latur And ANR

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 932 CIVIL APPLICATION NO.3076 OF 2018 IN FA/3976/2016 WITH CA/975/2018 IN FA/3974/2016 WITH CA/3075/2018 IN FA/3975/2016 WITH CA/3077/2018 IN FA/3977/2016 SANTOSH SHRIMANT MORE

VERSUS

THE EX. ENGINEER, LATUR MINOR IRRIGATION DIVISION, LATUR AND ANR ...

Advocate for Applicant : Mr. Patil Mahesh S. And D M Bhalke (consent Obtained) Mr. U. P. Giri, Adv. For R/1, Mr. AD Namde, AGP For R/2.

----- CORAM : P.R.BORA, J.

DATE :

3 rd August,2018.

PER COURT :

1) Present civil applications are filed seeking modification in the order passed by this Court, whereby the court has permitted the respective applicants (respondents/claimants) to withdraw 50% of the amount of compensation deposited by the acquiring body on furnishing an undertaking of the respective claimants and balance 50% is permitted to be withdrawn on claimants' furnishing bank guarantee.

2) Now, by the present applications, the applicants/original claimants are praying for modification in the said order to the effect that, instead of furnishing bank guarantee, the claimants may be permitted to withdraw the balance 50% amount on submitting a solvent surety in the like amount.

3) When the earlier order was passed, same request was made, however, considering the overall circumstances, 50% amount was permitted to be withdrawn simply on furnishing an undertaking and 50% amount was permitted to be withdrawn on furnishing the bank guarantee.

4) In view of the above, I am not inclined to accept the request made in the application. The applicants/claimants can however, make request to the court for early hearing of the present appeals and get disposed of the appeals finally. The Civil Applications, thus stand disposed of.

(P.R.BORA) JUDGE bdv/