Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Medium Project, Nagpur v. Narayan Hiraji Deshmukh And Others

fa.164.21 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.433 of 2021 in First Appeal No.164 of 2021 V.I.D.C., through Executive Engineer, Medium Project, Nagpur vs.

Narayan Hiraji Deshmukh & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri C.R. Najbile, Advocate for the Applicant/Respondent No.1. Shri A.M. Kukday, Advocate for the Appellant. Ms. T.H. Udeshi, A.G.P. for Respondent Nos.2 & 3.

CORAM

: SMT. ANUJA PRABHUDESSAI, J.

DATE : 23 rd FEBRUARY, 2021.

The applicant herein has sought withdrawal of the compensation deposited by the appellant-acquiring body as per the judgment and award, dated 16/09/2016 in L.A.C. No.69/2001.

Having considered the reasons given by the Reference Court and the grounds raised in the appealmemo, the applicant is permitted to withdraw 75% of compensation subject to furnishing an usual undertaking that the amount will be refunded with interest, in the event, the appellant succeeds in the appeal.

The application stands disposed of.

First Appeal No.164/2021:

Heard.

Admit.

Call for records and proceedings.

fa.164.21 2/2 Shri C.R. Najbile, learned Counsel waives service of notice for respondent No.1 and Ms. T.H. Udeshi, learned A.G.P. waives for respondent Nos.2 & 3. Paper-book to be filed within a period of six months.

JUDGE *sandesh