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2025 DAILYLAW 3150 (BOM)

GULAB ABDUL SAYYAD v. THE EXECUTIVE ENGINEER

CA/11796/2025 · 2026-03-18

Shri Shailesh P Brahme

body2025

Judgment text

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1 96-CA.11796-25 & ors.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 96 CIVIL APPLICATION NO. 11796 OF 2025 IN FA/2266/2024 GULAB ABDUL SAYYAD VERSUS THE EXECUTIVE ENGINEER WITH CIVIL APPLICATION NO. 10930 OF 2023 IN FA/2266/2024 ... Advocate for Applicant : Mr. Shahaji Nadare Patil h/f Mr. Naiknavare Ramesh Vitthal. AGP for Respondent/s-State : Mr. N. D. Raje. Advocate for Respondent No.1 : Ms. Vaishali S. Swami h/f Mr. M. C. Swami. ... CORAM : SHAILESH P. BRAHME, J. DATE : 18.03.2026 PER COURT :- 1. Heard the respective sides. 2. Applicant seeks to withdraw amount of Rs.7,95,079/- deposited by the respondent/acquiring body for the reasons stated in the application. 3. The deposits are towards entire amount with accrued interest. Application is contested by the respondent/acquiring body as enhancement is more than nine (9) times. 2 96-CA.11796-25 & ors.odt 4. In similarly situated matters when 75% amount was deposited this Court permitted the claimants to receive the amount. Ends of the justice would be met in permitting the applicants to receive 50% of the amount deposited with accrued interest on furnishing undertaking and 25% of the amount deposited with accrued interest on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. 5. Civil application for withdrawal is allowed partly by permitting the applicant to receive 50% of the amount deposited with accrued interest on furnishing undertaking and 25% of the amount deposited with accrued interest on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. 6. Balance amount shall be invested in any Nationalized Bank. First Appeal 7. Admit. 8. Learned counsel Mr. Nadare Patil holding for Mr. Naiknavare waives service of notice for respondent/claimant. 3 96-CA.11796-25 & ors.odt Learned AGP waives service of notice for respondents/State Authorities. 9. Call for Record and Proceedings from the concerned Court. 10. Print is dispensed with. Civil Application for Stay 11. As the amount has been deposited in pursuance of the earlier order, ad-interim relief granted earlier shall stand confirm. 12. Civil application is disposed of. (SHAILESH P. BRAHME, J.) ... vmk/-