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Bombay High CourtCAO/83/2017admittedallwdgrantedrule absolute

Executive Engineer, Medim Project, Nagpur v. Sahebrao S/O Bhiwaji Doble And 2 Others

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

1 caf1206.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO.1206 OF 2016 AND FIRST APPEAL (STAMP) NO.23617 OF 2015 (Executive Engineer, Medium Project, Nagpur ..vs.. Sahebrao s/o Bhiwaji Doble 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 Abhijit Parihar, Advocate for the appellant, Shri C.R. Najbile, Advocate for the respondent No.1, Shri M.N. Ekre, A.G.P. for the respondent Nos.2 and 3. CORAM : Z.A. HAQ, J.

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

Civil Application (CAO) No.83/2017.

The learned Advocates for the appellant as well as the claimant submits that in connected matter which arises out of the same award, this Court has permitted the claimant to withdraw 50% of the amount deposited by the appellant.

Accepting the submission made by the learned Advocates for the respective parties, the respondent No.1/claimant is permitted to withdraw 50% of the amount deposited by the appellant on furnishing undertaking before the Registrar (Judicial) of this Court stating stating that in case this Court concludes that the respondent No.1/claimant is not entitled for the amount

2 caf1206.16 withdrawn by him, he will redeposit it with interest as may be determined by this Court, within two months from the date of order.

The civil application is allowed accordingly. JUDGE adgokar