Bala Laxman Kanfate And Ors vs The Ex. Engineer, Minor Irrigation Div. ...
2024 Latest Caselaw 2482 Bom

Bombay High Court

Bala Laxman Kanfate And Ors vs The Ex. Engineer, Minor Irrigation Div. ... on 25 January, 2024

                                    1             903- C.A.No. 6322-2023.odt




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

             CIVIL APPLICATION NO. 6322 OF 2023
                   IN FA/1274/2021

Bala Laxman Kanfate And Ors                      ....Applicants
VERSUS
The Ex. Engineer, Minor Irrigation Div. No. 1
Aurangabad And Anr                               .....Respondents

                        .....
      Advocate for Applicant : Mr. Shaikh Kayyum Najir
      Advocate for Respondent No.1 : Mr. P.G.Rodge
      Advocate for Respondent No.2 : Mrs. R. R. Tandale
                         .....

                               CORAM : S. G. MEHARE, J.
                               DATE : 25.01.2024

PER COURT :

1.    Heard the learned counsel for the applicants, learned counsel for

respondent No.1 and learned AGP for Respondent No.2.


2.    This is an application for withdrawal of the amount.             The

respondent No.1 Acquiring Body has deposited the entire amount. The

learned counsel for the applicants submitted that in similarly situated

matter 70% percent of the amount was allowed to be withdrawn.


3.    The learned counsel for the respondent No.1 has strongly

opposed the application. He would submit that the enhancement is
                                       2             903- C.A.No. 6322-2023.odt



exorbitant, therefore applicants should not be allowed to withdraw the

amount.


4.      This Court in similarly situated matter by order dated June 7,

2017 allowed to withdraw 70% of the deposited amount with an

undertaking. Hence, the order :-

                           ORDER

(i) The application is allowed.

(ii) The applicants are allowed to withdraw 70% of the amount deposited on undertaking that they would re-deposit the amount, if, the judgment and award is reversed.

(iii) The balance amount be deposited in fixed deposit in any nationalized bank as per the rules.

(iv) The applicants shall receive the money in equal share.

( S. G. MEHARE ) JUDGE

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