Hanumant Mahaling Mengale vs The Ex. Engineer, C.R. (Nirman) Solapur ...
2024 Latest Caselaw 2435 Bom

Bombay High Court

Hanumant Mahaling Mengale vs The Ex. Engineer, C.R. (Nirman) Solapur ... on 25 January, 2024

  2024:BHC-AUG:2082
                                                                  1                    31-CA-12356-23.odt



                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   BENCH AT AURANGABAD

                                       CIVIL APPLICATION NO. 12356 OF 2023 IN FA/3387/2023

                                                 HANUMANT MAHALING MENGALE
                                                              VERSUS
                                    THE EX. ENGINEER, C.R. (NIRMAN) SOLAPUR PROPER DY. CHIEF
                                            ENGINEER, (CONSTRUCTION) PUNE AND ORS
                                                                 ...
                                          Advocate for Applicant : Mr. Vikram Shivaji Undre
                                         AGP for Respondents No.2 and 3 : Mr. A. S. Shinde
                                                                 ...
                                                                     CORAM : S. G. MEHARE, J.

DATE : 25-01-2024 PER COURT :-

1. Heard the learned counsel for the applicant. None present

for respondent No.1/appellant.

2. Perused the application.

3. Considering the facts of the case, the application deserves to

be partly allowed. Hence, the order;

i) The applicant is permitted to withdraw 75% of the deposited amount with proportionate accrued interest on the conditions that the 50% amount with proportionate interest be released on furnishing usual undertaking that he will deposit the amount, if the impugned judgment and award is reversed and 25% amount with proportionate interest be released on furnishing security.

ii) The balance 25% amount with proportionate interest be invested in the fixed deposit in any nationalized bank till further orders.

( S. G. MEHARE ) JUDGE rrd Signed by: Rajesh Rameshrao Davane Designation: PA To Honourable Judge Date: 31/01/2024 20:32:15