Laxmikant Pramod Shete And Anr vs Ex. Engineer, Beed Irrigation ...
2022 Latest Caselaw 5585 Bom

                                            (1)                     50 ca 8284.22

                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                     50 CIVIL APPLICATION NO.8284 OF 2022
           IN FA/2295/2021 WITH CA/8285/2022 IN FA/2297/2021 WITH
                        CA/8283/2022 IN FA/2296/2021

                LAXMIKANT PRAMOD SHETE AND ANR
                             VERSUS
EX. ENGINEER, BEED IRRIGATION DIV. BEED UNDER GMIDC, AURANGABAD
                            AND ANR

                                            ...
               Advocate for Applicants : Mr. Naikwade Shivaji Kondiramji
                      AGP for Respondents/State : Mr. A.B. Chate
                     Advocate for Respondents : Mr. B.R. Survase
                                            ...

                                        CORAM :   S.G. DIGE, J.
                                        DATE :    20th June, 2022

P.C.:-

                   Heard learned counsel for the applicants, learned AGP and

learned counsel Shri Surwase for the acquiring body-respodent no.2.


2.                 It is the contention of learned counsel for the applicants that the

acquiring body has preferred appeal against the order of learned trial Court

and they have deposited 50% amount out of the total amount of award. The

applicants are facing financial crisis and hence they are in need of money.

Hence the applicants be permitted to withdraw the deposited amount.

Learned counsel for the respondent no.2 (appellant herein) submit that the

appellant/respondent no.2 have impugned the judgment and order passed by


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                                          (2)                     50 ca 8284.22

the learned trial Court and as per the order of this Court, 50% amount is

deposited before this Court and the applicants cannot be allowed to withdraw

the entire 50% amount as applicants have chances of success in appeals.


3.              I have heard all the learned counsels.


4.              Admittedly, the learned trial Court has passed the award in favour

of applicants directing respondent no.2 (appellant herein) to pay the amount

to the applicants. The respondent no.2 has deposited 50% amount out of the

total award amount. The applicants are facing financial difficulties, hence I

pass the following order:

                                       ORDER

i) All the applications for withdrawal of amount are allowed.

ii) The applicants are permitted to withdraw the entire amount deposited by the appellant / respondent before this Court along with accrued interest thereon upon furnishing undertaking

[S.G. DIGE, J.]

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