Mohalabai Dagadu Chavan vs The Ex. Engineer, Minor ...
2021 Latest Caselaw 4057 Bom

                                                              15-CA-119 and CA-120.odt


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                 CIVIL APPLICATION NO.119 OF 2021
                                   IN
                    FIRST APPEAL NO.461 OF 2020
                      (Mohalabai Dagadu Chavan)
                                  Vs.
           The Executive Engineer, Minor Irrigation Division-I,
             Sinchan Bhavan Parisar, Aurangabad and anr.)

                                           AND

                 CIVIL APPLICATION NO.120 OF 2021
                                   IN
                   FIRST APPEAL NO.460 OF 2020
                       (Chhagan Dagadu Chavan
                                  Vs.
           The Executive Engineer, Minor Irrigation Division-I,
             Sinchan Bhavan Parisar, Aurangabad and anr.)

                               ----
Mr.D.A.Bide, Advocate h/f. Mr.V.B.Wayal, Advocate for applicant
Mr.S.M.Ganachari, Advocate for respondent no.1
Mr.A.B.Chate, Advocate for respondent no.2
                               ----

                                    CORAM : R.G. AVACHAT, J.

DATE : MARCH 04, 2021 PER COURT :-

Heard.

2. Considering the challenge made to the judgment and

award passed by the Reference Court, the applicants are

permitted to withdraw the amount deposited in this Court to the

15-CA-119 and CA-120

extent of 50% on furnishing undertaking and further permitted

to withdraw to the extent of 25% on furnishing solvent surety

to the satisfaction of the Registrar (Judicial) of this Court and

remaining 25% of the amount shall be kept in fixed deposit in

any Nationalised Bank.

3. The Civil Applications are accordingly disposed of.

[R.G. AVACHAT, J.]

KBP

15-CA-119 and CA-120.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

FIRST APPEAL NO.461 OF 2020 (The Executive Engineer, Minor Irrigation Division-I, Sinchan Bhavan Parisar, Aurangabad and anr.

Vs Mohalabai Dagadu Chavan)

AND FIRST APPEAL NO.460 OF 2020 (The Executive Engineer, Minor Irrigation Division-I, Sinchan Bhavan Parisar, Aurangabad and anr.

Vs.

Chhagan Dagadu Chavan)

----

Mr.S.M.Ganachari, Advocate for appellants Mr.D.A.Bide, Advocate h/f. Mr.V.B.Wayal, Advocate for respondent

----

CORAM : R.G. AVACHAT, J. DATE : MARCH 04, 2021 PER COURT :-

Heard.

2. The appeal is admitted. Mr.Bide, learned counsel

holding for Mr.Wayal, learned Counsel, waives notice for the

respondent.

[R.G. AVACHAT, J.]

KBP

15-CA-119 and CA-120.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

CIVIL APPLICATION NO.413 OF 2020 IN FIRST APPEAL NO.461 OF 2020 (The Executive Engineer, Minor Irrigation Division-I, Sinchan Bhavan Parisar, Aurangabad and anr.

Vs Mohalabai Dagadu Chavan) AND CIVIL APPLICATION NO.416 OF 2020 IN FIRST APPEAL NO.460 OF 2020 (The Executive Engineer, Minor Irrigation Division-I, Sinchan Bhavan Parisar, Aurangabad and anr.

Vs.

Chhagan Dagadu Chavan)

----

Mr.S.M.Ganachari, Advocate for applicants Mr.D.A.Bide, Advocate h/f. Mr.V.B.Wayal, Advocate for respondent

----

CORAM : R.G. AVACHAT, J. DATE : MARCH 04, 2021 PER COURT :-

Heard.

2. Since the entire amount under the award has been

deposited, the applications for grant of stay stand disposed of.

[R.G. AVACHAT, J.]

KBP