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Bombay High CourtCAF/99/2024disposed off

V.I.D.C. Thr. Exe. Engineer, Nimna Painganga Project, Yavatmal v. Sheshrao Uddhav Kodape And Others

2024-01-11Hon'Ble Shri Justice G. A. Sanap2 pages

2024:BHC-NAG:448 20 fa 380.22.odt..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 99 OF 2024 IN FIRST APPEAL NO. 380 OF 2022 V.I.D.C. through Executive Engineer, Nimn Painganga Project, Yavatmal .Vs.

Sheshrao s/o Uddhav Kodape 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 Kukday, Advocate for the appellant. Shri S.V. Ingole, Advocate for respondent No.1. Smt. Mrunal Naik, 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/ claimant for withdrawal of entire decreetal amount of Rs.1,72,999/- (Rs. One Lacs Seventy Two Thousand Nine Hundred Ninety Nine 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-Sheshrao s/o Uddhav Kodape is allowed to withdraw entire decreetal amount i.e. Rs.1,72,999/- (Rs. One Lacs Seventy Two Thousand Nine Hundred Ninety Nine Only) with accrued interest on furnishing usual undertaking to the effect that he will

20 fa 380.22.odt..odt return the said amount in case the appeal is decided against him along with interest at the rate that will be determined by the Court.

4.

The amount be paid within four weeks.

5.

Application stands disposed of, accordingly.

6.

List First Appeal for final hearing as per its turn. (G. A. SANAP, J.) manisha