Vidc Thr. Exe. Engineer, Purna Medium Project, Achalpur Div. Achalpur And Another v. Namdeorao S/O Gangaramji Kedar And Others

24 caf1117.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1117 OF 2021 IN FIRST APPEAL NO. 194 OF 2020 V.I.D.C. through its Executive Engineer, Purna Medium Project Division, Achalpur and another Vs. Namdeorao S/o Gangaramji Kedar and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Smt. Anjali Joshi, Advocate for appellants.

Shri R.J. Shinde, Advocate for respondent no.1/applicant. Smt. H.N. Jaipurkar, A.G.P. for respondent nos.2 and 3. CORAM : PUSHPA V. GANEDIWALA, J.

DATE : 30 th JULY, 2021.

Heard.

(2) Prayer is to permit respondent no.1 to withdraw the amount of enhanced compensation. It is submitted that in similar matter this Court has permitted the claimant therein to withdraw 50% of the amount on furnishing undertaking and remaining amount subject to furnishing solvent surety.

(3) The fact of similar permission being granted is not contested by the learned counsel for the appellants. Hence, respondent no.1 is permitted to withdraw 50% of the amount of enhanced compensation subject to furnishing usual undertaking. Remaining amount of 50% is permitted to be withdrawn subject to furnishing a solvent surety before the Registrar (Judicial).

(4) The civil application is allowed and disposed of. JUDGE Wagh