Executive Engineer, Minor Irrigation Division, Washim v. Vishnu Tukaram Dhoke And Others

8fa91.8.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 399 OF 2019 IN FIRST APPEAL NO. 91 OF 2018 Vidarbha Irrigation Development Corporation, through Executive Engineer, Minor Irrigation Division, Washim Vs Vishnu Tukaram Dhoke and others.

--------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Ms U.A. Patil, counsel for the appellant.

Shri Amol Darekar, counsel for the respondent No.1. Shri S.D. Sirpurkar, AGP for the respondent Nos. 2 and 3. CORAM: ARUN D. UPADHYE , J.

DATE: 04-02-2019.

Heard learned counsel for the parties.

Perused the application. Considering the submissions of both the sides, the respondent No.1/claimant is permitted to withdraw 50% of the amount of compensation on filing usual undertaking within ten weeks that in case the appeal is allowed, the said amount shall be repaid with interest at such rate the Court may direct. The respondent No.1/claimant is also permitted to withdraw further 25% amount of compensation on furnishing surety/security to the satisfaction of the Registrar (Judicial). Remaining amount shall be invested in fixed deposit. Civil application is allowed.

JUDGE rkn