Executive Engineer, Lower Wardha Project Division, Wardha v. Devidas N. Kadam (Dead), Thr. Lrs. Kamlabai D. Kadam (Dead), Thr. Lrs. Rajkanya S. Virkhede And Oth

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAF] No. 103 of 2017 IN First Appeal No. 1178 of 2016 [Executive Engineer, Lower Wardha Project Division, Wardha Vs. Devidas Namdeorao Kadam (dead), through L.Rs. And 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. Agnihogtri, Adv., for L.Rs. 1-B to 1-F of original respondent. Mr. S.K. Bhoyar, Adv., for the appellant.

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

CORAM

:

A. S. CHANDURKAR, J.

DATE :

20th February, 2017 The claimants seek 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 Reference Court has awarded compensation on a higher side.

Perused the impugned judgment. In the facts of the case, the claimants are permitted to withdraw an amount of Rs.20,00,000-00 [rupees twenty lakhs only] on furnishing an undertaking that in case the appeal is allowed, the said amount shall be repaid with interest at

such rate the Court may direct. Further amount of Rs. 20,00,000-00 [rupees twenty lakhs only] is permitted to be withdrawn on furnishing solvent surety/security to the satisfaction of the Registrar [Judicial]. Rest of the amount shall be invested in fixed deposit.

Civil Application is disposed of.

Judge |hedau|