Allowed

The Ex. Engineer, Irrigation Medium Project Div. Osmanabad and Ors. v. Madhav Bhaurao Shinde

Bombay HC4 Oct 2024CA/4469/2021

Case brief

AI extract

What is this about?

In writ petitions seeking withdrawal of deposited amounts and stay of execution, the High Court allowed withdrawing portions of deposits upon undertaking/surety, stayed execution till appeal disposal, and admitted appeals.

What did the court decide?

Allowed withdrawal of 50% then 25% of deposited amount on undertaking/surety; stayed execution till final appeal disposal.

The Ex. Engineer, Irrigation Medium Project Div… — Writ and Judicial Review | Bombay HC (2024)

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950ca7947.24

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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950 CIVIL APPLICATION NO. 7947 OF 2024

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IN FA/2761/2021

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WITH

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CIVIL APPLICATION NO. 4467 OF 2021 IN FA/2759/2021

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WITH

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CIVIL APPLICATION NO. 4471 OF 2021

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IN FA/2761/2021

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WITH

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CIVIL APPLICATION NO. 4469 OF 2021 IN FA/2760/2021 WITH CIVIL APPLICATION NO. 7944 OF 2024 IN FA/2759/2021 WITH

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CIVIL APPLICATION NO. 7948 OF 2024 IN FA/2760/2021

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BALIRAM BHAURAO SHINDE VERSUS

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THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND ORS

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Advocate for Applicant : Mr. N.R. Pawade h/f Mr. Patil Laxmikant C.

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AGP for Respondents/State : Mr. P.D.Patil Advocate for Respondents : Mr. Mukul Kulkarni

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CORAM : KISHORE C. SANT, J.

DATE : 04.10.2024.

PER COURT :

950ca7947.24

WITHDRAWAL

These applications are filed for withdrawal of the

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amount deposited by the Acquiring Body in this Court.

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Learned Advocate for the applicants produced on record a copy of order dated 11.07.2024 passed by this Court in Civil Application No. 6682 of 2024 alongwith connected matters.

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Considering the above, this Court is inclined to pass following order :

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ORDER

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(i) The Civil Applicants are permitted to withdraw 50% of the deposited amount along with accrued interest on giving usual undertaking in this Court. Further 25% of the deposited amount along with accrued interest is permitted to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court.

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(ii) The balance amount shall be deposited in the fixed deposit of any nationalized bank to be renewed from time to time till final

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950ca7947.24

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disposal of the appeal. (iii) The Civil Applications are accordingly allowed and disposed off.

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STAY

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These applications are filed for stay to the execution

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and operation of the impugned judgment and award of the Tribunal.

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Considering that the amount is already deposited in

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this Court, these applications are allowed. There shall be stay to the execution and operation of the impugned judgment and award till the final disposal of the appeals.

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FIRST APPEAL

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Heard.

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Admit .

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Call for R & P.

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Learned AGP and the learned Advocate Mr. Kulkarni

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950ca7947.24

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waives service of notices for respondents respectively.

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( KISHORE C. SANT ) JUDGE

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mahajansb/

The Ex. Engineer, Irrigation Medium Project Div. Osmanabad and Ors. v. Madhav Bhaurao Shinde

Case brief

What is this about?

What did the court decide?

The Ex. Engineer, Irrigation Medium Project Div. Osmanabad and Ors. v. Madhav Bhaurao Shinde

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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