V.I.D.C., Executive Engineer, Nimn Painganga Project, Yavatmal And Others v. Shri Kalidas Nagorao Jiddewar And Others

(1) caf278.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.278/2024 IN FIRST APPEAL NO.431/2021 VIDC, thr. Executive Engineer, Nimn Painganga Project .vs. Kalidas Nagorao Jiddewar and Ors.

------------------------------------------------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ------------------------------------------------------------------------------------------------------------------------------------------------------------------ Mr. A. M. Kukday, Advocate for appellant.

Ms M. R. Kavimandan, A.G.P. for respondent no1. Mr. S. V. Ingole, Advocate for respondent nos.2 and 3. CORAM :

ANIL L. PANSARE, J.

DATE : JANUARY 24, 2024.

By the present application, the applicant-respondent no.1 is seeking to withdraw the decreetal amount of Rs.2,74,371/- deposited by the appellant-Vidarbha Irrigation Development Corporation (VIDC) in this Court. The applicant's land has been acquired by the VIDC. I am informed that this Court, in identical matter viz. Civil Application No.1126/2023 in First Appeal No.613/2021, has permitted to withdraw the amount on an undertaking.

Considering the trivial amount, there appears no reason why similar order should not be passed.

In view of above and for the reasons set out in the application, the application is allowed. The applicant is permitted to withdraw the decreetal amount of Rs.2,74,371/- along with interest, if any, accrued thereon, as prayed for upon furnishing an undertaking that in case the appeal is allowed, the said amount shall be repaid with interest at such rate, the Court may direct.

(Anil L. Pansare, J.) kahale