V.I.D.C. Thr. Exe. Engineer, Bembla Irrigation Division, Yavatmal And Another v. Eknath Vithalrao Watane (Since Dead) Thr. Lrs. Smt. Shalini Eknath Watane And Others

28fa 363.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1013/2022 IN FIRST APPEAL (FA) NO. 363/2020 VIDARBHA IRRIGATION DEVELOPMENT CORPORATION AND ANR. ..VS..

EKNATH VITHALRAO WATANE (SINCE DEAD) THR. LRS. 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 V.V. Dahat, Advocate for appellants Mrs. Najbile h/f. Shri A.B. Nakshane, Advocates for respondent nos. 1A to 1C Shri I.G. Damale, AGP for respondent nos. 2 and 3 CORAM : NITIN W. SAMBRE, J.

DATED : 29/08/2022 The appeal is already admitted. As the appellants have deposited enhanced amount of compensation on 04.03.2021, this Court has granted interim relief.

As such, the prayer is made by the learned Counsel for the respondent nos. 1A to 1C for withdrawal of the amount. Considering the nature of claim, reasons furnished by the Reference Court, it will be appropriate to permit the applicant(s) for withdrawal of 75% of the amount with proportionate accrued interest upon furnishing an usual undertaking that in case, the Appeal is allowed, the amount shall be redeposited as shall be directed.

The civil application stands disposed of.

FIRST APPEAL (FA) NO. 363/2020 Heard.

Admit.

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28fa 363.2020.odt Learned Counsel Mrs. Najbile holding for learned Counsel Shri A.B. Nakshane waives service of notice for respondent nos. 1A to 1C and Shri I.G. Damale, learned Assistant Government Pleader waives service of notice for respondent nos. 2 and 3. Paper book be placed on record within a period of six months from today. If the paper book is not filed within a stipulated time, the appeal stands dismissed without further reference to this Court.

(NITIN W. SAMBRE, J.) Digitally signed by SANDIP MAHADEV GATE Date:

2022.09.03 11:06:38 +0530 SANDIP MAHADEV GATE SMGate