Vithal Babasaheb Waghmode And Ors vs The Executive Engineer Osmanabad ...
2021 Latest Caselaw 11826 Bom

                                                                          973-CA-6858-21.odt




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                      CIVIL APPLICATION NO. 6858 OF 2021
                                      IN
                        FIRST APPEAL NO. 3300 OF 2017


Vithal Babasaheb Waghmode
and Others                                                 ..APPLICANTS

      VERSUS

The Executive Engineer,
Medium Project Division, Osmanabad
and Others                                                 ..RESPONDENTS

                                     ....
Mr. E.S. Murge, Advocate for applicants
Mr. R.A. Tambe, Advocate for respondent no.1
Mr. A.B. Chate, A.G.P. for respondent nos. 2 and 3
                                     ....

                                             CORAM : R.G. AVACHAT, J.

DATED : 25th AUGUST, 2021

PER COURT :

1. Heard. Perused the impugned award.

2. Learned Counsel for Respondent No.1 - acquiring body strongly

objects to permit withdrawal of amount. He relied on the judgment in the

case of Executive Engineer, Minor Irrigation Division, Jalgaon Vs. Vitthal

Damodar Patil reported in (2019) 7 SCC 225.

1 / 2

973-CA-6858-21.odt

3. For the reasons given in the application, the applicants are

permitted to withdraw 50% of the amount in deposited, on furnishing usual

undertaking to the satisfaction of the Registrar (Judicial) of this Court. The

balance amount be invested in fixed deposit in any nationalized bank, till

disposal of the appeal. Civil application stands disposed of accordingly.

( R.G. AVACHAT, J. ) SSD

2 / 2