Vishwas Ravan Patil And ORS v. The Executive Engineer Hatnoor Project Chopada And ORS
2025:BHC-AUG:13067
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
929 CIVIL APPLICATION NO.10551 OF 2024 IN FA/3919/2022 Vishwas Ravan Patil And Ors
Versus
The Executive Engineer Hatnoor Project Chopada And Ors .....
Shri. Hemraj P. Kshirsagar, Advocate for the Applicants Shri. Shivraj B. Kadu, Advocate for Respondent No.1 Shri. Rajdeep D. Raut, AGP for Respondent / State. .....
CORAM : NEERAJ P. DHOTE, J.
Dated :
APRIL 29, 2025 PER COURT :- .
This is the Application by the Respondents / Claimants in the Appeal for withdrawal of remaining 25% of the amount deposited by the Acquiring Body along with the interest accrued thereon. 2.
It is submitted by the learned Advocate for the Applicants / Claimants that in identical matters arising out of the same acquisition, this Court by orders dated 12.03.2025 and 28.03.2025 in Civil Application Nos.2919 of 2025 and 9858/2024, respectively has permitted the Applicants / Claimants therein to withdraw the entire 75% amount deposited by the Acquiring Body and, therefore, the Application may be allowed on the same terms and conditions. 3.
The Application is opposed by the learned Advocate for the Acquiring Body. He submits that Acquiring Body has deposited 75% amount under the Award with accrued interest. He submits that the Claimants have already withdrawn 50% of the 75% amount deposited by the Acquiring Body. He submits that the Application may be rejected.
4.
The learned APP for the State submits that appropriate orders be passed.
5.
On hearing both the sides and considering that similarly placed Claimants in the connected matters arising out of the same acquisition proceedings have already been permitted to withdraw remaining 25% amount out of 75% amount deposited by the Acquiring Body along with accrued interest thereon on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court, this Application is allowed in terms of the aforesaid orders. 6.
The Applicants are permitted to withdraw remaining 25% amount along with interest accrued thereon on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. 7.
The Application stands disposed off accordingly. ( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 05/05/2025 14:52:11