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Bombay High CourtCA/4460/2026disposed off

Nandkumar Dnyanoba Darphalkar v. Assistant Engineer (C) Mseb (Now Msedcl) Civil Construction Sub Divn Behind Usha Kiran Talkies Latu

2026-04-28Hon'Ble Shri Justice Sanjay A. Deshmukh1 pages

2026:BHC-AUG:19108 950 ca.4460.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

950 CIVIL APPLICATION NO. 4460 OF 2026 IN FA/920/2010 NANDKUMAR DNYANOBA DARPHALKAR

VERSUS

ASSISTANT ENGINEER (C) MSEB (NOW MSEDCL) CIVIL CONSTRUCTION SUB DIVN BEHIND USHA KIRAN TALKIES LATU ...

Advocate for Applicant : Mr. Sachin Subhash Panale. Advocate for Respondent No.1 : Mr. A. M. Gaikwad. ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

28th April, 2026.

P.C.:

Mr. A. M. Gaikwad, learned counsel submits that he has instructions to appear on behalf of respondent No.1. The learned counsel for respondent No.1 pointed out the order dated 27th August, 2010, by which Rs.5,00,000/- was allowed to be withdrawn on usual undertaking and for the remaining amount, solvent surety of the like amount was directed to be furnished. This application is, therefore, rejected with clarification that the applicant is at liberty to withdraw the said amount on execution of solvent surety. However, the Registry shall not insist for solvent surety, but pay that amount on furnishing security, and for the security, it is not necessary that there shall be a report of the valuation of the property from the Revenue Department. The application is disposed of. List the appeal for final hearing on 17th June, 2026. [ SANJAY A. DESHMUKH, J. ] nga