Executive Engineer (V.I.D.C.) Minor Irrigation Division v. Sau. Nishatai Rajusing Chavan And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAF] No. 720 of 2017 IN First Appeal No. 13 of 2014 [Executive Engineer, V.I.D.C., Minor Irrigation Division, Washim Vs. Sau. Nishaatai Rajusing Chavan @ Naik & two others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. Amol Darekar, Adv., for applicant - respondent no.1. Mr. V.G. Palshikar, Adv., for the appellant.

Mrs. Kulkarni, AGP for respondent nos. 2 and 3. ----

CORAM

:

A. S. CHANDURKAR, J.

DATE :

20th February, 2017 The claimant seeks permission to withdraw the amount of compensation deposited by the appellant. The application is opposed by the learned counsel for the appellant on the ground that the enhancement in the amount of compensation is without sufficient evidence.

Perused the impugned judgment. In the facts of the case, the claimant is permitted to withdraw an amount of Rs.8,00,000-00 [rupees eight lakhs only] on filing an undertaking that in case the appeal is allowed,

said amount shall be repaid with interest at such rate the Court may direct. Further amount of Rs.8,00,000-00 [rupees eight lakhs only] is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the Registrar [Judicial[. Rest of the amount be invested in fixed deposit.

Civil Application is disposed of.

Judge |hedau|