Vidarbha Irrigation Development Corp. Thr. Executive Engineer, Minor Irrigation Division, Washim v. Bhikari Govinda Rathod And Others

905-fa-1254-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application No. 1738 of 2019 in First Appeal No. 1254 of 2019 VIDC Chief Executive Engineer, Washim

Versus

Bhikari Govinda Rathod and others Office Notes, Office Memoranda of Court' s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order Shri H.D. Marathe, Advocate for the Appellant. Shri A.B.Darekar, Advocate for the respondent no.1. Shri Harshal Dubey, AGP for the respondent no.2 and 3. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 7 th JANUARY, 2022.

Learned counsel for Appellant states that the entire amount has been deposited.

2.

In light of the said statement, execution and implementation of the impugned judgment is stayed pending hearing of the appeal.

3.

The application is disposed of.

Civil Application (CAF) No. 2676 of 2021 By this application, the respondent no.1 has sought withdrawal of compensation deposited by the appellant as per the judgment and award dated 13th SKNair

905-fa-1254-19.odt September, 2017 in the Land Acquisition Case No. 414 of 2013.

2.

For the reasons disclosed in the Application, the Applicant/Respondent No.1 is permitted to withdraw 50% of compensation upon furnishing an undertaking that if any adverse order is passed, the Applicant/Respondent No.1 shall redeposit the same as shall be directed. Remaining 50% amount of compensation is permitted to be withdrawn on furnishing solvent surety/security to that extent.

3.

The application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) by SACHINDANAND K NAIR Date: 2022.01.11 18:35:19 +0530 SACHINDANAND K NAIR SKNair