Executive Engineer, Medium Project Division, Yavatmal v. Ravi Motiram Chavan And Others

911-FA-959-16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO.959 OF 2016 Executive Engineer, Medium Project Division, Yavatmal, -vsRavi Motiram Chavan and ors.

------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri P. B. Patil, Advocate for appellant.

Shri S. V. Ingole, Advocate for respondent No.1/applicant. Shri M. M. Ekre, AGP for respondent Nos.2 and 3. CORAM : A.S.CHANDURKAR, J.

DATE : January 13, 2017 Heard.

Admit.

Call for record and proceedings.

Shri S. V. Ingole, learned counsel waives notice on behalf of respondent No.1. Shri M. M. Ekre, learned Assistant Government Pleader waives notice on behalf of respondent Nos.2 and 3.

C.A.F. No.25/2017 Prayer is to permit the claimant to withdraw the amount of compensation. It is submitted that in proceedings arising out of the same award, this Court has in F.A.No.902/2016 permitted the claimant therein to withdraw 50% of the amount of compensation on filing undertaking and remaining 50% of the amount of

911-FA-959-16 2/2 compensation on furnishing surety/security.

In view of aforesaid claimant is permitted to withdraw 50% of the amount of compensation on filing undertaking that in case the appeal is allowed, said amount shall be repaid with interest at such rate the Court may direct. Remaining 50% amount of compensation is permitted to be withdrawn on furnishing surety/security to the satisfaction of the Registrar (Judicial).

Civil application is disposed of.

JUDGE Asmita