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Bombay High CourtCAF/270/2015dispossed offdismiss for default

Executive Engineer, Lower Wardha Project Division Wardha v. Suyog S/O Vasant Tikale, And 4 Others

2015-02-10Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf270.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO.270 OF 2015 IN FIRST APPEAL NO.751 OF 2014 (Executive Engineer, Lower Wardha Project Division, Wardha ..vs.. Suyog s/o Vasant Tikale 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 A.V. Palshikar, Advocate for the applicant, Shri M.A. Kadu, A.G.P. for the non-applicant Nos.3 to 5. CORAM : Z.A. HAQ, J.

DATED : 10-02-2015 For the reasons stated in the application, the appellant is permitted to deposit the amount within two weeks from today. If the amount is deposited within the stipulated time, the interim order granted by this Court on 12-9-2014 shall continue till the decision of the appeal. If the amount is not deposited within the stipulated time, the interim order shall stand vacated without reference to the Court.

If the amount is deposited within the stipulated time, the respondent Nos.1 and 2 are permitted to withdraw the amount as per the impugned order, on filing undertakings to the satisfaction of the learned Registrar (Judicial) of this Court to the effect that if it is found that the respondent Nos.1 and 2 are not entitled for the amount given to them, they shall redeposit the amount with the Registry of this Court with interest as

2 caf270.15 would be determined by this Court, within stipulated time.

The civil application is disposed in the above terms.

JUDGE pma