Bombay High CourtCAO/262/2015dispossed offdismiss for default

Executive Engineer, Lower Wardha Canal Division, Wardha v. Manoj S/O Vitthalrao Thakare And 2 Others

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

1 cao262.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.262/2015 IN C.A.F. NO.2538/2014 IN FIRST APPEAL STAMP NO.10913/2014 Executive Engineer, Lower Wardha Canal Division Wardha, Tal. and Distt. Wardha. ..Versus..

Manoj s/o Vitthalrao Thakare 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, Adv. for the applicant/appellant. Shri C.R. Najbile, Adv. for the respondent no.1. CORAM : Z.A. HAQ, J.

DATE : 10.2.2015 For the reasons stated in the application, the appellant is permitted to deposit the amount. The appellant shall deposit the amount within two weeks. If the amount is deposited within stipulated time, the interim order granted by this Court on 10 th October, 2014 shall continue till the decision of the appeal. If the amount is not deposited

2 cao262.15 within the stipulated time, the interim order shall stand vacated without reference to Court.

If the amount is deposited within stipulated time, the respondent no.1 is permitted to withdraw 50% of the amount on filing an undertaking to the satisfaction of the Registrar (J.) of this Court to the effect that if at the time of hearing it is found that the respondent no.1 is not entitled for the amount given to him, the respondent no.1 shall deposit the amount with the Registry of this Court along with interest as would be determined by this Court within stipulated time. The balance 50% amount shall be kept in a fixed deposit in any nationalized bank initially for three years to be renewed every year till the decision of the appeal. The civil application is disposed of in the above terms.

JUDGE Tambaskar.