Allowed

Suraj Rajesh Salunke v. the Executive Engineer Lift Irrigation Divison, Osmanabad Thr Sub Div. Officer Mohammad and Ors.

Bombay HC26 Jul 2024CA/6432/2024

Case brief

AI extract

What is this about?

Claimant sought withdrawal of the remaining 50% of compensation deposited by the acquiring body in a pending first appeal, having earlier been allowed 50% on an undertaking and 50% against bank guarantee. The application was allowed in terms of prayer clause 'B' subject to furnishing a nationalised bank guarantee.

What did the court decide?

Applicant permitted to withdraw remaining 50% of deposited amount subject to furnishing bank guarantee of a Nationalised Bank.

Suraj Rajesh Salunke Vs the Executive Engineer Lift… — Land Acquisition | Bombay HC (2024)

¶1

2024:BHC-AUG:15963-DB

¶2

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD.

¶4

1012 CIVIL APPLICATION NO. 6432 OF 2024
 IN FA/2608/2018

¶5

Suraj Rajesh Salunke

¶6

….Applicant

¶7

Versus

¶8

The Executive Engineer Lift Irrigation Division,
Osmanabad Thr Sub Div. Officer Mohammad
and Ors

¶9

..Respondents

¶10

Mr. Nilkanth R Pawade, Advocate for Applicant
Mr. S. C. Arora, Advocate for Respondent No.1
Mrs. Vaishali N. Patil – Jadhav, AGP for Respondents No.2 & 3

¶11

CORAM : R. G. AVACHAT AND
NEERAJ P. DHOTE, JJ.
Dated :July 26, 2024

¶12

PER COURT :-

¶13

. This is the Application for withdrawal of remaining 50% amount
deposited by the Respondent No.1 / Acquiring body.

¶14

2.It is submitted by learned Advocate for the Applicant that this

¶15

Court vide order dated 27.09.2019 in Civil Application No.11718 of
2019 in the very Appeal has permitted the Applicant to withdraw the

¶16

entire 100% amount and the operative order which runs as follows:

¶17

“i. 50% of the amount deposited in this court, is allowed
to be withdrawn by the applicant/claimant on furnishing
undertaking to the effect that in case the decision in the first
appeal is against their interest, the amount being withdrawn
will be re-deposited in this court within a period of eight
weeks from the date of decision and the rest of the 50%
amount deposited in this court with accruals thereon is

¶18

¶19

allowed to be withdrawn on furnishing bank guarantee of a
nationalized/scheduled bank.

¶20

ii. Needless to refer to that withdrawal would be subject
to final decision in the first appeal.

¶21

iii. In view of above the application is disposed of.”

¶22

3.The above position is not disputed by learned Advocate for

¶23

the Respondent No.1 / Acquiring Body.

¶24

4.In view of above, the Application is allowed in terms of
prayer clause ‘B’ subject to furnishing bank guarantee of a Nationalized

¶25

Bank.

¶26

( NEERAJ P. DHOTE, J. )( R. G. AVACHAT, J. )

¶27

GGP

¶28

Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 30/07/2024 11:56:37

Suraj Rajesh Salunke v. the Executive Engineer Lift Irrigation Divison, Osmanabad Thr Sub Div. Officer Mohammad and Ors.

Case brief

What is this about?

What did the court decide?

Suraj Rajesh Salunke v. the Executive Engineer Lift Irrigation Divison, Osmanabad Thr Sub Div. Officer Mohammad and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Pramod Prabhakar Narkhede Vs the State of Maharashtra and Others

Jaysingh Jabbu Pawara Vs the State of Maharashtra and Others

Anmolsingh S/O Suvarnasingh Jabbal Vs Divisional Commissioner

The New India Assurance Co. Ltd. through Its Branch Manager Vs Deepali Devidas Gaikwad and Others

The New India Assurance Co. Ltd. through Its Branch Manager Vs Deepali Devidas Gaikwad and Others

Keshar Ramcharan Jaiswal Vs Tukaramji Keshav Shikshan Sanstha Thr Head Master and Ors.