Bombay High CourtCAF/36/2019ca disposed off

V. I. D. C. Through Executive Engineer, Project Construction, Yavatmal And Another v. Pramod Shrawan Ghavde And 2 Others

2019-01-31Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

3101caf260.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.260/2019 IN FIRST APPEAL NO.738/2018 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Yavatmal Project Construction Division, Yavatmal and another ...Versus...

Pramod Shrawan Ghawade and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Vinay Dahat, Counsel for appellants/applicants Shri R.J. Shinde, Counsel for respondent no.1 Mrs. Hemlata Jaipurkar, AGP for respondent nos.2 and 3 CORAM : ARUN D. UPADHYE, J.

DATE : 31/01/2019 Heard.

The learned Counsel for the applicants/appellants prays for extension of time by twelve weeks to deposit the remaining amount.

Time of eight weeks is granted to deposit the remaining amount.

The civil application stands disposed of accordingly. No order as to costs.

3101caf260.19.odt CIVIL APPLICATION (CAF) NO.36/2019 Heard.

Having heard the learned Counsel for the parties and after perusal of the application, I am of the view that the respondent no.1/applicant could be permitted to withdraw 50% of the amount deposited before the reference Court. Hence, I Proceed to pass the following order.

O R D E R

(i) The civil application is allowed.

(ii) The respondent no.1/applicant is permitted to withdraw 50% of the amount upon furnishing usual undertaking and further permitted to withdraw remaining 50% amount upon furnishing solvent surety to the satisfaction of the reference Court.

(iii) The respondent no.1/applicant to furnish the usual undertaking as well as solvent surety within six weeks from the date of the order.

The civil application stands disposed of accordingly. No order as to costs.

JUDGE Wadkar, P.S.