Dhananjay Vishwanath Bidve vs The Executive Engineer (Civil) ...
2021 Latest Caselaw 6039 Bom

                                   1                            11-CA-7159-20-w.odt



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

     CIVIL APPLICATION NO. 7159 OF 2020 IN FA/3537/2019

             DHANANJAY VISHWANATH BIDVE AND ORS
                              VERSUS
     THE EXECUTIVE ENGINEER (CIVIL) CIVIL DIVISION MSEDC LTD
                                 ...
        Advocate for Applicant-claimant : Mr. Vikas G. Kodale
       Advocate for Respondent No.1 : Mr. Avishkar S. Shelke
          AGP for Respondents No.2 and 3 : Mr. B. V. Virdhe
                                 ...

                                       CORAM : ANIL S. KILOR, J.

                                       DATE      :    5th APRIL, 2021
PER COURT :-


        Heard learned counsel appearing for the respective parties.


2.      The learned counsel for the applicant-claimant prays for

withdrawal of the amount deposited by the appellant-Acquiring

Body.      He points out that the amount granted by the learned

Reference Court is just and proper and even if the fndings

recorded in its Judgment, particularly at page 17, the amount

determined was Rs.21,600/- per R, whereas,                 Rs.7,800/- per R

was granted. He, therefore, submits that, there is no merit in the

appeal, and, in that view of the matter he prays for allowing him

to withdraw the complete amount deposited by the Acquiring

Body.


3.      Learned counsel appearing for the non-applicant -appellant

opposes the present application.



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4.           After considering the matter on merit and the fndings

recorded by the learned Reference Court, at page 17 of the paper

book, I fnd that, prima facie, no illegality has been committed by

the learned Reference Court in granting Rs.7,800/- per R.


5.           In that view of the matter, I am of the opinion that, if

amount to the extent of 75% of the total amount deposited by

the appellant is permitted to be withdrawn, it would subserve the

justice. Hence, I pass the following order -


                                    ORDER

(i) The permission is granted to the applicant-claimant to withdraw 75% amount; out of which, for 50% amount, the applicant shall furnish an undertaking to the efect that in case any adverse orders passed against the applicant, he would refund the amount as per direction of this court.

(ii) For the balance 25% amount, the applicant shall furnish solvent surety in the like amount to the satisfaction of the Registrar (Judicial) of this court.

6. The civil application is allowed and disposed of, accordingly.

( ANIL S. KILOR ) JUDGE

rrd