The Ex. Engineer, Minor ... vs Sarika Nitinkumar Jain And Ors
2021 Latest Caselaw 10422 Bom

                                      1                  ca4465.21, etc..odt


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                       CIVIL APPLICATION NO.4465 OF 2021
                                      IN
                       FIRST APPEAL (ST.) NO.6829 OF 2021


The Executive Engineer,
M.I.W., Jalgaon                               ..APPLICANT

       VERSUS

Narendra Ramchandra Waghulde (Dead)
1.1 Mahendra Narendra Waghulde & ors.         ..RESPONDENTS

AND CIVIL APPLICATION NO.4488 OF 2021 IN FIRST APPEAL (ST.) NO.6387 OF 2021

The Executive Engineer, M.I.W., Jalgaon ..APPLICANT

VERSUS

Dilip Dipchand Thakur & ors. ..RESPONDENTS

AND CIVIL APPLICATION NO.4496 OF 2021 IN FIRST APPEAL (ST.) NO.6378 OF 2021

The Executive Engineer, M.I.W., Jalgaon ..APPLICANT

VERSUS

Sunita Narendra Waghulde & ors. ..RESPONDENTS

AND CIVIL APPLICATION NO.6537 OF 2021 IN FIRST APPEAL (ST.) NO.17242 OF 2021

The Executive Engineer, M.I.W., Jalgaon ..APPLICANT

VERSUS

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Sau. Sarika Nitinkumar Jain & ors. ..RESPONDENTS

Mr Ajay D. Pawar, Advocate for applicants; Mr S.B. Pulkundwar and Mr S.G. Sangle, AGPs for respondent-State; Mr V.P. Patil, Advocate for respondent nos.1.1 to 1.4 in CA No.4465 of 2021 and for respondent no.1 in CA No.4496 of 2021; Mr B.S. Dhawale, Advocate holding for Mr J.V. Patil, Advocate for respondent nos.1 & 2 in C.A. No.4488 of 2021

CORAM : RAVINDRA V. GHUGE AND S.G. MEHARE, JJ

DATE : 5th August, 2021

P.C.

1. An extensive hearing was given to the learned Counsel for the

respective sides over a period of almost two hours. Finally, the learned

Advocate for the applicants-appellants submits on instructions that the

acquiring body would deposit 50% of the amount that has been granted by the

impugned judgments and awards in the First Appeals. Such amount would

be deposited on or before 30 th October, 2021. In view of the said statement,

the learned Advocates representing the original claimants agree for interim

protection being granted to the appellants, subject to the liberty to withdraw

50% of the deposited amount on a simple undertaking and remainder 50% to

be withdrawn on tendering a solvent surety to the satisfaction of the learned

Registrar (Judicial), Aurangabad Bench.

2. In view of the above, these Civil Applications are partly allowed in terms

of prayer clause (B) on the condition that the appellants shall deposit 50% of

3 ca4465.21, etc..odt

the entire amount as is granted by the impugned judgments and awards

delivered by the learned Reference Court.

3. After such amount is deposited, the original claimants would be at

liberty to withdraw 50% of the said amount to the extent of their individual

shares by filing an affidavit undertaking that they would return the said amount

within eight weeks, or to the extent of the excess amounts, if they suffer an

adverse order in the pending First Appeals. Remainder amount shall be

withdrawn by them by tendering solvent surety to the satisfaction of the

learned Registrar (Judicial) of the Bombay High Court, Bench at Aurangabad.

[S.G. MEHARE, J.] [RAVINDRA V. GHUGE, J.]

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