Executive Engineer, Medium Project Division, Yavatmal v. Baban-Appa Lahanu Appa Patangrai And Others

915fa115.18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 458/2019 IN FIRST APPEAL NO. 115/2018 Executive Engineer, Bembla Project Division, Yavatmal, Dist. Yavatmal. Vs.

Babanappa Lahanuappa Patangarai and others.

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

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri V.V. Dahat, counsel for the appellant.

Shri A.B. Nakshane, counsel for the respondent No. 1. Ms Geeta Tiwari, AGP for the respondent Nos. 2 and 3. CORAM: ARUN D. UPADHYE , J.

DATE: 30-01-2019.

Heard learned counsel for the parties.

Perused the application.

After hearing both the sides, I am of the view that the applicant could be permitted to withdraw 75% amount on furnishing usual undertaking and remaining 25% amount on furnishing solvent surety.

Considering the facts of the case, respondent No.1 is permitted to withdraw 75% amount on furnishing usual undertaking to the effect that he will refund the amount to the appellant in case the appeal is allowed and remaining 25% amount by furnishing solvent surety to the satisfaction of the Registrar (Judicial).

Civil application is allowed.

JUDGE rkn