Bebi Bhagwat Patil And Ors vs The Ex. Engineer, Minor ...
2021 Latest Caselaw 8827 Bom

                                                                           923-CA-5507-21.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                       CIVIL APPLICATION NO. 5507 OF 2021
                                       IN
                       FIRST APPEAL (ST) NO. 36935 OF 2019

Bebi Bhagwat Patil                                           ..APPLICANT
      VERSUS
The Executive Engineer
Minor Irrigation Division, Jalgaon
and Others                                                   ..RESPONDENTS

                                      WITH
                       CIVIL APPLICATION NO. 5732 OF 2021
                                       IN
                       FIRST APPEAL (ST) NO. 36942 OF 2019

Bhagwat Narayan Dhobi                                        ..APPLICANTS
      VERSUS
The Executive Engineer
Minor Irrigation Division, Jalgaon
and Others                                                   ..RESPONDENTS

                                         ....
Mr. V.P. Patil, Advocate for applicants
Mr. S.S. Chillarge, Advocate for respondent nos.1 and 2
Mr. S.S. Dande, A.G.P. for respondent nos. 3 and 4
                                        ....

                                              CORAM : R.G. AVACHAT, J.
                                              DATED : 06th JULY, 2021

PER COURT :


1.            Heard. Perused impugned judgment and award.




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2.            Issue notice to the respondents in both the applications.                  Mr.

Chillarge, learned counsel waives service of notice for Respondent Nos. 1 and

2 and learned A.G.P. waives service of notice for Respondent Nos. 3 and 4 in

both the applications.



3.            Learned counsel for both the parties are at ad idem to pass same

order as passed in Civil Application No. 5063 of 2020 in First Appeal (St) No.

28257 of 2019 by this Court (Coram : V.L. Achliya, J.) dated                   dated 21 st

August, 2020. Hence, the following order :-


                                         ORDER

(A) The applicants/claimants in both the applications are permitted to withdraw the amount as deposited in the respective appeals on furnishing written undertaking to the satisfaction of Registrar (Judicial) that in the event the award passed by the Reference Court is set aside or modified, the applicants/claimants shall re-deposit the amount withdrawn within eight weeks from the date of passing of such order.

(B) Withdrawal of amount by the applicants/claimants in respective appeals shall be subject to final decision in respective appeals.

(C) The amount allowed to be withdrawn be paid by transferring the amount to savings bank accounts of respective

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923-CA-5507-21.odt

applicants/claimants on their furnishing particulars of their respective savings bank accounts.

(D) Both the applications are disposed of in above terms.

( R.G. AVACHAT, J. ) SSD

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