Kashinath Ramrao Malkar (Died) Thr Lrs ... vs The G.M.I.D.C., Thr Its Ex. Engineer, ... on 6 July, 2021

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Bombay High Court

Kashinath Ramrao Malkar (Died) Thr Lrs ... vs The G.M.I.D.C., Thr Its Ex. Engineer, ... on 6 July, 2021

Bench: R. G. Avachat

                                      1            CA-5783-2021.doc



          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                       BENCH AT AURANGABAD
                 CIVIL APPLICATION NO. 5783 OF 2021
                                    IN
                    FIRST APPEAL NO. 276 OF 2020
 Namdev Machindra Kale                           ... Applicant
       Versus
 The Godawari Marathwada Irrigation
 Development Corporation and another             ... Respondents
                                  AND
                 CIVIL APPLICATION NO. 5784 OF 2021
                                    IN
                    FIRST APPEAL NO. 277 OF 2020
 Kashinath Ramrao Malkar [Died]
 Through the legal heirs...
 1] Janabai wd/o Kashinath Malkar and others ... Applicants
       Versus
 The Godawari Marathwada Irrigation
 Development Corporation and another             ... Respondents
                                    ....
 Mr. D. A. Bide, Advocate for the applicants
 Mr. R. B. Gaikwad, Advocate for respondent No.1
 Mr. B. V. Virdhe, AGP for the State in CA No.5783 of 2021
 Mr. S. S. Dande, AGP for the State in CA No.5784 of 2021
                                    ....

                                   CORAM : R. G. AVACHAT, J.
                                   DATED : 06th JULY, 2021

 PER COURT :-

 .                Both the applications are for withdrawal of the amount

 of compensation.


 2.               Heard. Perused the impugned award and the documents

 relied on.


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                                            2          CA-5783-2021.doc




 3.               Learned Advocate for the appellant would submit that

 the Reference Court has enhanced the compensation manifold. The

 appellant/acquiring body has very good case in appeals. He,

 therefore, opposed for grant of application.


 4.               Considering the rival submissions and in the factual

 backdrop, the applicants are permitted to withdraw 75% of the

 amount of compensation deposited in this Court, in terms of the

 following order:-

                                    ORDER

(i) Both the applications are partly allowed.

(ii) The applicants are permitted to withdraw 75% of the deposited amount. Out of which, 50% amount is allowed to be withdrawn on furnishing undertaking and balance 25% amount is allowed to be withdrawn on furnishing solvent security to the satisfaction of the Registrar (Judicial) of this Court.

(iii) Balance 25% amount be kept in any nationalised bank till disposal of the first appeals.

[ R. G. AVACHAT, J. ] SMS 2 of 2 ::: Uploaded on - 14/07/2021 ::: Downloaded on - 19/09/2021 22:30:30 :::

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