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Bombay High CourtCAF/49/2022ca disposed off

Vidarbha Irrigation Development Corporation Thr. Exe. Engineer, Nagpur Division, Yavatmal v. Ishwar S/O Welji Wadera And Others

2022-01-07Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

910-fa-437-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application No. 49 of 2022 in First Appeal No. 437 of 2021 VIDC Chief Executive Engineer, Yavatmal

Versus

Ishwar S/o Welji Wadera and others Office Notes, Office Memoranda of Court' s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order Shri Amit M. Kukday, Advocate for the Appellant. Shri S.V.Ingole, Advocate for the respondent no.1. Shri Harshal Dubey, AGP for the respondent no.2 and 3. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 7 th JANUARY, 2022.

1.

By this application, the respondent no.1 has sought withdrawal of compensation deposited by the appellant as per the judgment and award dated 19th August, 2019 in the Land Acquisition Case No. 496 of 2012.

2.

Having considered the reasons stated in the application, 50% amount along with interest accrued interest thereon, is ordered to be paid to the respondent no.1, subject to filing an undertaking that the amount alongwith interest will be refunded in the event the appellant succeeds in the appeal.

SKNair

910-fa-437-21.odt 3.

The application stands disposed of.

First Appeal No. 437 of 2021 Learned counsel for the appellant states that private paper book will be filed within six months. (SMT. ANUJA PRABHUDESSAI, J.) by SACHINDANAND K NAIR Date: 2022.01.11 19:02:10 +0530 SACHINDANAND K NAIR SKNair