Bombay High CourtCAF/221/2017admittedallwdgrantedrule absolute

Executive Engineer, Lower Wardha Project Division, Wardha v. Devidas Manikrao Mangam And Others

2017-01-20Hon'Ble Shri Justice Z.A. Haq2 pages

1 fa201.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

FIRST APPEAL NO.201 OF 2016 (Executive Engineer, Lower Wardha Project Division, Wardha ..vs.. Devidas Manikrao Mangam 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 P.B. Patil, Advocate for the appellant, Shri C.R. Najbile, Advocate for the respondent Nos.1 to 4, Smt. Mrunal S. Naik, A.G.P. for the respondent Nos.5 and 6. CORAM : Z.A. HAQ, J.

DATED : 20-01-2017 Stand over to 17-03-2017.

Civil Application No.221/2017.

Heard.

The learned Advocates for the respective parties submit that in First Appeal No. 409/2016 which arises out of the same award, this Court has permitted the claimants to withdraw 75% of the amount deposited by the appellant/Corporation.

Accepting the submission made by the learned Advocates, the claimants are permitted to withdraw 75% of the amount deposited by the appellant/Corporation on furnishing undertaking by all the claimants before the learned Registrar (Judicial) of this Court stating that in

2 fa201.16 case this Court concludes that the claimants are not entitled for the amount withdrawn by them, they will redeposit it with interest as may be determined by this Court, within two months from the date of order. The amount be transferred in the joint account of the claimants after the undertaking is furnished as directed above.

The balance amount be continued in fixed deposit in a nationalised bank till disposal of the appeal. The civil application is allowed accordingly. JUDGE adgokar