Nivratti Hariba Kolhe v. The Executive Engineer, Minor Irrigation Division, Latur And Others

931-CA-11882-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11882 OF 2021 IN FIRST APPEAL NO. 1684 OF 2014 NIVRATTI HARIBA KOLHE

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, LATUR AND OTHERS ....

Ms. L.R. Thakur, Advocate h/f Mr. L.C. Patil, Advocate for the Applicant.

Mr. S.G. Sangle, Advocate for Respondent No.1 Mr. A.M. Phule, APP for Respondent Nos.2 and 3 ....

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 28th OCTOBER, 2021 PER COURT:- 1.

It is an application moved by the applicant/original claimant with a prayer to withdraw the amount of interest accrued on the compensation amount.

2.

Heard Ms. L.R. Thakur, learned counsel holding for Mr. L.C. Patil, learned counsel for the applicant and Mr A.M. Phule, learned A.G.P. for respondents no.2 and 3.

931-CA-11882-21 3.

Ms Thakur, learned counsel holding for Mr. LC. Patil, learned Counsel for the applicant has placed on record copy of the order passed by this Court (Coram : R.G. Avachat, J.) dated 10.3.2021. She points out that this Court was pleased to allow to withdraw the amount of interest.

4.

I do not find any hurdle to take similar view. It is necessary to allow this application.

O R D E R

(i) The Civil Application is hereby allowed.

(ii) The applicant is permitted to withdraw the amount of interest in terms of the order dated 17.10.2016 passed in Civil Application No.13675 of 2016 in First Appeal No.1784 of 2014 with connected appeals (iii) Civil Application is accordingly disposed of. [ SHRIKANT D. KULKARNI ] JUDGE S.P. Rane