Jagdish Brahmanand Patil v. The Ex. Engineer, Department Of Sina Kolegaon Project, Paranda And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 3 CIVIL APPLICATION NO.15204 OF 2019 IN FA/3147/2017 JAGDISH BRAHMANAND PATIL

VERSUS

THE EX. ENGINEER, DEPARTMENT PARANDA AND ORS WITH CA/15201/2019 IN FA/3154/2017 WITH CA/15199/2019 IN FA/3152/2017 WITH CA/15200/2019 IN FA/3153/2017 WITH CA/15205/2019 IN FA/3148/2017 WITH CA/15202/2019 IN FA/3149/2017 WITH CA/15203/2019 IN FA/3150/2017 WITH CA/15198/2019 IN FA/3151/2017 ...

Advocate for Applicants : Mr. More Abhijit S. AGP for Respondent No.2-State : Mr. A. S. Shinde. Advocate for Respondent Nos.1 & 3 : Mr. Anil M. Gaikwad ...

CORAM : V. K. JADHAV, J.

DATE : 19.10.2020 PER COURT :- 1.

I have heard both the sides.

2.

The learned counsel for the respondents - Acquiring Body, Mr. Gaikwad submits that in the connected matters from the same award, this Court has permitted the applicantsoriginal claimants to withdraw the amount on certain terms and conditions and on the same terms and conditions, the present applicants are also permitted to withdraw the amount.

3.

In view of the above, I proceed to pass the following order :

O R D E R

A.

All the Civil applications are hereby partly allowed.

B.

The applicants are permitted to withdraw 50 % of the amount deposited by the appellants-Aquiring Body on furnishing an undertaking to the satisfaction of the Registrar (Judicial) of this Court.

C.

Balance 25 % amount on furnishing solvent security to the satisfaction of the Registrar (Judicial) of this Court and balance 25 % amount be invested in Fixed Deposit Receipts account, in any Nationalized Bank for a period of two years or till adjudication of First Appeals, whichever is earlier.

D.

All the Civil Applications are disposed off.

(V. K. JADHAV, J.) ...

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