V. I. D. C. Through Executive Engineer, Minor Irrigation Department-Ii, Karanja v. Meena Devanand Patil And Others

2024:BHC-NAG:432 21 fa 490.22.odt..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 53 OF 2024 IN FIRST APPEAL NO. 490 OF 2022 V.I.D.C. through Executive Engineer, District Washim .Vs.

Meena Devanand Patil and Ors.

_______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri Amit Kukdey, Advocate for the appellant. Shri A.R. Patil, Advocate for respondent No.1. Shri Ganesh Umale, AGP for respondent Nos.2 and 3. CORAM :

G.A. SANAP, J.

DATE :

11/01/2024 This is an application filed by respondent Nos.1 for withdrawal of Rs.1,01,89,543/- (Rs. One Crore One Lakh Eighty Nine Thousand Five Hundred Forty Three Only) deposited by the appellant/acquiring body towards the compensation.

2.

The reasons have been stated in the application. In view of the reasons stated in the application, the application is allowed.

3.

Respondent No.1 Meena Devanand Patil is allowed to withdraw 80% of the amount with accrued interest. Out of said 80% of the amount, 50% is allowed to be withdrawn on furnishing usual undertaking to the effect that she will return the said amount in case the appeal is decided against her along with interest at the rate that will

21 fa 490.22.odt..odt be determined by the Court and 30% is allowed to withdraw on furnishing solvent surety.

4.

The amount be paid within four weeks.

5.

Application stands disposed of, accordingly.

FIRST APPEAL NO. 490 OF 2022 1.

Paper book be filed within four weeks from today.

2.

List this matter along with F.A.No.865/2022 on 5th February, 2024.

(G. A. SANAP, J.) manisha