V. I. D. C. Throuh Executive Engineer, Minor Irrigation Department-Ii, Karanja v. Devanand Rambhau Patil (Wakte) And Others

598-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.875/2024 IN FIRST APPEAL NO.598/2022 Vidarbha Irrigation Development Corporation Vs.

Devanand Rambhau Patil and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri Vedant Akhade, Advocate h/f Shri Amit Kukday, Advocate for appellant Shri Anju Patil, Advocate for respondent No.1 Ms S.V. Kolhe, AGP for respondent Nos.2 and 3. CORAM : SMT. M.S. JAWALKAR AND M.W. CHANDWANI, JJ.

DATE : 17/12/2024 The present application is filed for grant of permission to withdraw the decreetal amount deposited by the appellant in this Court. This Court vide order dated 22.11.2022 granted stay subject to the appellant depositing the entire decreetal amount within eight weeks. Accordingly, appellant deposited the amount with the permission of this Court dated 05.12.2023.

2.

Learned Counsel Shri Vedant Akhode, holding for Shri Amit Kukday, learned Counsel gave his no objection for withdrawal of 50% of amount of usual undertaking and 25% of amount on furnishing Bank guarantee.

598-2022.odt 3.

Learned Counsel for respondent No.1 agrees for the same. As such, respondent No.1 is permitted to withdraw 50% amount of total compensation deposited by the appellant in this Court on furnishing usual undertaking and he further entitled to withdraw 25% of the amount so deposited on furnishing Bank guarantee.

4.

Nazir is directed to release the amount as aforesaid after due verification of documents in respect of respondent No.1.

5.

The application stands disposed of accordingly. (M.W. CHANDWANI, J.) (SMT. M.S. JAWALKAR, J.) R.S. Sahare