Vidarbha Irrigation Development Corporation Thr. Executive Engineer, Lower Pus Project, Yavatmal v. Abdul Mannan Shah Mohammad And Others

904 FA 1074-2018.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAF) NO. 102 OF 2021 IN FIRST APPEAL NO. 1074 OF 2018 V.I.D.C. through the Executive Engineer, Lower Pus Project Division, Yavatmal, Tq. & Dist. Yavatmal Vs.

Abdul Mannan Shah Mohammad and others ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order None for the appellant Shri Irfan M. Ghongade, Advocate for respondent No.1 Ms S.S. Jachak, A.G.P. for respondent Nos.2 & 3 CORAM : A.S.CHANDURKAR AND N.B. SURYAWANSHI, JJ. DATED : JANUARY 20, 2021.

This application is filed by the respondent No.1/original claimant seeking withdrawal of the accrued interest on the amount of compensation deposited by the appellant.

The learned counsel for the respondent No.1 contends that the respondent was permitted to withdraw 75% amount on furnishing usual undertaking and 25% of amount by furnishing surety to the satisfaction to the Registrar (Judicial). He has withdrawn the amount. However the accrued interest on the said amount is not withdrawn yet. He therefore prays for permission to withdraw the said accrued interest.

For the reasons stated in the application, the application is allowed. The respondent No.1 is

904 FA 1074-2018.odt 2 permitted to withdraw the accrued interest on furnishing undertaking that in case the first appeal is allowed, he shall refund the said amount along with interest.

The civil application is disposed of.

JUDGE JUDGE J.Pethe..