Bombay High Court
Maruti Rama Katwate (Died) Thr Lrs. ... vs Executive Engineer,Irrigation ... on 19 October, 2022
Author: S.G.Dige
Bench: S.G.Dige
1
13707.22CA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
967 CIVIL APPLICATION NO.13707 OF 2022
IN FIRST APPEAL NO. 31 OF 2020
MARUTI RAMA KATWATE (DIED) THROUGH L.Rs.
DHONDABAI MARUTI KATWATE (DIED) THROUGH L.Rs.
VIMAL SONYABAPU @ RAMCHANDRA JADHAV &
OTHERS
VERSUS
EXECUTIVE ENGINEER, IRRIGATION PROJECT
STRENGTHING(MAJBUTIKARAN) DIVISION, OMERGA &
OTHERS
...
Advocate for Applicants : Mr.S.A.Wakure
AGP for Respondent-State : Mr.S.S.Dande
Advocate for Respondent no.1 : Mr.M.S.Kulkarni
...
CORAM : S.G.DIGE, J.
DATE : 19.10.2022
P.C. :
1] Heard the learned counsel for the applicants
and learned counsel for respondent no.1. The learned
counsel for the applicants submits that in connected group
of matters, this Court has permitted the applicants therein
withdrawal of 75% amount out of deposited amount. 50%
amount is allowed to be withdrawn on furnishing
undertaking and 25% amount on furnishing solvent surety.
Hence requested to pass the same order.
2] Learned counsel for respondent no.1 submits
that appropriate order be passed.
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13707.22CA
3] Considering the submissions of both learned
counsel as well as this Court [Coram : Mangesh S. Patil] has
permitted in connected group of matter to withdraw 75%
amount out of award amount hence this Court cannot take
different view. Hence I pass the following order:-
ORDER
i] The applicants are permitted to withdraw 50% amount along with accrued interest thereon on furnishing undertaking.
ii] The applicants are permitted to withdraw 25% amount along with accrued interest thereon on furnishing solvent surety / security.
iii] Remaining 25% amount shall be deposited in fixed deposit of any Nationalized Bank.
iv] Application is disposed of.
[S.G.DIGE] JUDGE DDC ::: Uploaded on - 03/11/2022 ::: Downloaded on - 28/12/2022 11:11:46 :::