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Bombay High Court

Narhari Mohanrao Patil (Died) Thr Lrs ... vs Ex. Engineer, Seena Kolegaon Project ... on 17 June, 2021

Author: Vibha Kankanwadi

Bench: Vibha Kankanwadi

                                          (1)


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                  913 CIVIL APPLICATION NO.3013 OF 2020
                            IN FAST/2393/2019

   NARHARI MOHANRAO PATIL (DIED) THR LRS SAHAJI NARHARI
                     PATIL AND ORS.
                        VERSUS
   EX. ENGINEER, SINA KOLEGAON PROJECT DIV. PARANDA
              THR M.K.V.D.C.,PUNE AND ORS
                                     ...
             Advocate for Applicant : Mr.Shrikishan S.Shinde,
                    Mr.GB Rajale, Adv. For Resp.No.1.
               Mr. AM Phule, AGP for Respondents: 2 & 3;
                                         -----

                                     CORAM :    SMT.VIBHA KANKANWADI,J.
                                     DATE :     17th June, 2021.

 PER COURT :-

 1.               Present        application          has    been       filed        for

withdrawal of the amount deposited by the acquiring body.

2. Heard both sides.

3. The learned AGP has strong objection for withdrawal of the amount. The appeal challenges enhancement of compensation that has been granted, by the Reference Court. Since the competent Court has arrived at a particular conclusion, at this stage, a case is made out for partial withdrawal of the amount.

4. The amount that has been deposited in this case is Rs.52,75,827/- and, therefore, the ::: Uploaded on - 21/06/2021 ::: Downloaded on - 16/09/2021 23:10:52 ::: (2) applicant is allowed to withdraw an amount of Rs. 40,00,000/-.

5. The applicants shall file an undertaking within a period of eight weeks that they would make the said amount good, if directed at the time of final disposal of the appeal.

6. The Civil Application stands disposed of.

(SMT. VIBHA KANKANWADI) JUDGE BDV ::: Uploaded on - 21/06/2021 ::: Downloaded on - 16/09/2021 23:10:52 :::