The Executive Engineer, Khadakpurna Project Division, V.I.D.C. v. Dnyandeo Namdeo Dandge (Deshmukh) And 2 Others

1 caf102.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO.102/2017 IN FIRST APPEAL NO.1205/2016 The Executive Engineer, Khadakpurna Project Division, V.I.D.C. Deulgaon Raja ..Vs..

Dnyandeo Namdeo Dandge 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.S. Godbole, Advocate for the appellant. Ms. Ashwini Athalye, Advocate for respondent No.1. Shri M.A. Kadu, A.G.P. for respondents 2 and 3. CORAM : Z.A.HAQ, J.

DATED : 17.1.2017.

Considering the facts of the case, the respondent No.1 / claimant is permitted to withdraw the amount deposited by the appellant, alongwith interest on it, if any. The amount shall be given to the respondent No.1 - claimant after he files an undertaking before the Registry of this Court stating that in case this Court concludes that the respondent No.1 / claimant is not entitled for the amount withdrawn by him, he will redeposit the amount as ordered by this Court with interest as may be determined by this Court within two months. Civil application is allowed in the above terms. No costs. JUDGE Tambaskar.