Executive Engineer, Lower Wardha Canal Division v. Prabhakar Dadaji Kale And 2 Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.105/2015 IN FIRST APPEAL NO.969/2014 Executive Engineer, Lower Wardha Canal Division, Wardha ..Versus..

Prabhakar Dadaji Kale 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 A.V. Palshikar, Adv. for the appellant.

Shri K.R. Lule, Adv. for respondent no.1.

Shri M.A. Kadu, A.G.P. for respondents 2 and 3. CORAM : Z.A. HAQ, J.

DATE : 3.2.2015 For the reasons stated in the application and the fact that it is not opposed by the appellant inasmuch as reply is not filed, the respondent no.1 is permitted to withdraw the amount deposited by the appellant with the Registry of this Court on filing an undertaking to the satisfaction of the Registrar (J.) of this Court that in case this Court, at the time of final hearing, finds that the respondent is not entitled for the

2 caf105.15 amount which is permitted to be withdrawn by him, the respondent no.1 shall re-deposit the amount along with interest as would be determined by this Court within the stipulated time. The balance amount shall be kept in a fixed deposit in any nationalized bank initially for the period of three years to be renewed every till the decision of the appeal. The civil application is allowed in the above terms. JUDGE Tambaskar.