V.I.D.C. Thr. Its Executive Engineer, Canal Division, Amravati And Another v. Madhukar Motiramji Pote And Others

1 27B-FA No.383.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1958 OF 2023 IN FIRST APPEAL NO.

OF Vidarbha Irrigation Development Corporation and another ..VS..

Madhukar Motiramji Pote and others --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Mallika Babhulkar, Advocate h/f. M.A. Kadu, Advocate for appellants.

Mr. Pratik J. Mehta, Advocate for respondent No.1. Ms. T.H. Udeshi, AGP for respondent Nos.2 and 3. CORAM : G.A. SANAP, J.

DATED : 28 th AUGUST, 2023 Heard learned Advocate for the respondent No.1 and learned Advocate for the appellants. Perused the application. This is an application for withdrawal of the balance 50% decretal amount deposited by the appellants.

2.

In view of the reasons stated in the application, the application is allowed.

3.

The respondent No.1 is allowed to withdraw the balance amount with accrued interest subject to furnishing solvent surety. The amount be paid within a period of three weeks.

FIRST APPEAL NO. 380 OF 2021 4.

Respondent No.1 was previously represented by Advocate Mr. S.S. Shingane. The respondent No.1 now

2 27B-FA No.383.2021 has engaged Advocate Mr. P.J. Mehta. The learned Advocate Mr. S.S. Shingane, has given no objection. In view of this, learned Advocate Mr. S.S. Shingane stands discharged.

5.

Ten weeks time is granted to file private paper book.

6.

If the private paper book is not filed within ten weeks, the matter shall stands dismissed without reference to this Court.

(G.A. SANAP, J.) Kirtak