Executive Engineer, Minor Irrigation Department, Washim v. Rajaram S/O Rupsingh Pawar (Dead) Thr. Lrs. Vikas S/O Rajaram Pawar And Others

2002caf72.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.72/2019 IN FIRST APPEAL NO.1083/2018 Executive Engineer, Minor Irrigation Department, Washim, Tah. & District - Washim ...Versus...

Rajaram s/o Rupsingh Pawar (Dead) Through L.Rs. Vikash s/o Rajaram Pawar 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 S.K. Bhoyar, Counsel for appellant Shri N.M. Kolhe, Counsel for respondent no.1/applicant Mrs. Geeta Tiwari, AGP for respondent nos.2 and 3 CORAM : ARUN D. UPADHYE, J.

DATE : 20/02/2019 Heard.

Perused the application. The respondent no.1/applicant has prayed for withdrawal of the amount deposited by the appellant.

Upon perusal of the impugned judgment and award and upon hearing the learned Counsel for the parties, I am of the view that the respondent no.1/applicant could be permitted to withdraw 50% of the amount out of the total amount, deposited by the appellant in this Court.

2002caf72.19.odt The respondent no.1/applicant is permitted to withdraw 50% of the amount out of the total amount, deposited by the appellant in this Court upon filing usual undertaking to the satisfaction of the Registrar (Judicial) and remaining 50% amount be kept in fixed deposit in any nationalized Bank.

The civil application is allowed and disposed of accordingly. No order as to costs.

JUDGE Wadkar, P.S.