Vitthal Jaysing Dhanawat (Died) ... vs The Executive Engineer Minor ...
2021 Latest Caselaw 7501 Bom

                                                                          5-CA.4854-21.odt


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                    CIVIL APPLICATION NO.4854 OF 2021
                                   IN
                       FIRST APPEAL NO.775 OF 2016

Vitthal Jaysing Dhanawat (died)
through L.Rs.                                            ..Applicants

        Vs.

The Executive Engineer,
Minor Irrigation Division No.1,
r/o.Leha, Tq. Phulambri,
Dist. Aurangabad
and ors.                                                 ..Respondents

                          ----
Mr.J.M.Murkute, Advocate for applicants
Mr.Dhananjay Thote, Advocate h/f. Mr.Sudhir Bhalerao,
Advocate for respondent no.1
Mr.Y.G.Gujrathi, AGP for respondent nos.2 and 3
                          ----

                                     CORAM : R.G. AVACHAT, J.

DATE : MAY 27, 2021 (Vacation Court) ORDER :-

Heard.

2. This is an application for withdrawal of

amount. The applicants were original claimants. The

respondent - Executive Engineer, Division No.1,

Phulambri, had preferred First Appeal No.775 of 2016,

5-CA.4854-21

challenging the judgment and award dated 06.01.2014

passed in L.A.R. Nos.182 of 2006 and 262 of 2006.

Said appeal had been dismissed vide judgment and

order dated 09.04.2021. The amount of compensation

payable to the applicant/s (claimant/s) had been

deposited in the Court. The applicant/s are/were

allowed to withdraw 75% of the amount deposited.

Remaining 25% amount is still in deposit with the

Court. In view of dismissal of the First Appeal,

the applicant/s are entitled to receive said amount.

3. While directing withdrawal of 75% of the

amount, the applicant/s were directed to furnish bank

guarantee. The bank guarantee also needs to be

revoked.

4. The application is, therefore, allowed in

terms of prayer clauses (B) and (C).

[R.G. AVACHAT, J.]

KBP