THE EXECUTIVE ENGINEER, PATHBANDARE PRAKALP MAJBUTIKARAN VIBHAG OMERGA AND ORS v. SUBHASH TUKAPPA HIRMUKHE
CA/11172/2024 · 2025-12-02
Shri Shailesh P Brahme
body2025
DailyLaw.ai
[ 2025 DAILYLAW 67287 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 67287 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
41 CA 13179 OF 2025+.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 41 CIVIL APPLICATION NO. 13179 OF 2025 IN FA/463/2025 WITH CIVIL APPLICATION NO. 13181 OF 2025 IN FA/464/2025 LAXMAN APPARAO MANDALE VERSUS THE STATE OF MAHARASHTRA ... WITH CIVIL APPLICATION NO. 11172 OF 2024
IN FA/464/2025 WITH CIVIL APPLICATION NO. 11174 OF 2024 IN FA/463/2025 ... Advocate for Claimants : Mr. Manoj Dharmaraj Shinde AGP for State : Mrs. M.N. Ghanekar Advocate for Acquiring body : Mrs. Sunita D Shelke ... CORAM : SHAILESH P. BRAHME, J. DATE : 02.12.2025 PER COURT :
CIVIL APPLICATIONS FOR WITHDRAWAL OF AMOUNT
Heard.
2. The respondent-Acquiring Body has deposited in aggregate Rs. 1,55,66,628/- in these appeals, which are sought to be .
3. The learned counsel for the applicants relies on the order dated 11.09.2025 passed by the coordinate bench.
4. The learned counsel for the respondent-Acquiring Body opposes the applications. It is submitted that the claimants did not challenge the rate 1/2 2025:BHC-AUG:33674
41 CA 13179 OF 2025+.odt awarded by the reference Court.
5. Considering over all circumstances, I find it fit to permit the applicants to receive 80% of the amount of compensation with accrued interest on furnishing undertaking and 20% of the amount of compensation with accrued interest on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.
6. The applications are partly allowed permitting the applicant receive 80% of the amount of compensation with accrued interest on furnishing undertaking and 20% of the amount of compensation with accrued interest on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.
7. The Civil Applications are disposed of.
FIRST APPEAL : Admit. Learned counsel Mr. Shinde waives service for claimant. Mrs.Ghanekar waives service for respondents/State in both appeals.
8. Call for record and proceedings.
9. Print is disposed with.
CIVIL APPLICATIONS FOR STAY :
10. As the acquiring body has deposited entire amount of compensation, ad interim relief granted earlier shall stand confirmed.
11. The Civil Applications are disposed of.
( SHAILESH P. BRAHME, J.)
mkd/- 2/2