V. I. D. C. Through Executive Engineer, Project Construction, Yavatmal And Another v. Bharat Doma Rathod And 2 Others

910fa750.18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 13/2019 IN FIRST APPEAL NO. 750/2018 V.I.D.C. through E.E. Yavatmal Project Construction Division, Yavatmal V/s Bharat Doma Rathod and others.

--------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri Vinay V. Dahat, counsel for the applicant/appellant. Shri R.J. Shinde, counsel for the non-applicant/respondent No.1. Ms. H.Jaipurkar, AGP for the non-applicant/respondent Nos.2 and 3. CORAM: ARUN D. UPADHYE , J.

DATE: 09-01-2019.

Heard learned counsel for the parties.

Considering the submissions of both the sides and after going through the application, I am of the view that the non-applicant/respondent No.1 could be permitted to withdraw 50% amount deposited in the learned Reference Court, Darwha on furnishing usual undertaking and further permitted to withdraw the remaining 50% amount on furnishing solvent surety to the satisfaction of the learned Reference Court within six weeks. The respondent No.1 to furnish usual undertaking as well as surety within six weeks from the date of this order.

The civil application is allowed.

JUDGE rkn