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Bombay High CourtCAF/348/2015dispossed offdismiss for default

Vidarbha Irrigation Development Cor. Thr. Its Executive Engineer, Lower Wardha Project Division v. Bhimrao Nagorao Bijwe And Others

2015-02-18Hon'Ble Shri Justice Z.A. Haq1 pages

caf348-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (F) No. 348 OF 2015 IN FIRST APPEAL NO. 139 OF 2014 V.I.D.C. Through Executive Engineer, ..Versus.. Bhimrao Nagorao Bijwe 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, counsel for the appellant. Shri K.S. Narwade, counsel for R-1 & 2.

Shri M.A. Kadu, AGP for respondent nos. 3 to 5. CORAM : Z.A. HAQ, J.

DATE : 18.02.2015 Heard the learned counsel appearing for the parties. The claimants are permitted to withdraw 50% of the amount deposited by the appellant VIDC in this court upon furnishing an undertaking to the satisfaction of the Reference Court to the effect that if the appeal succeeds, the entire amount shall be refunded along with interest at the rate of 6% per annum from the date of withdrawal till the deposit. The remaining 50% of the amount is permitted to be withdrawn by the claimant upon furnishing solvent security to the satisfaction of the Reference Court with an undertaking that if the appeal succeeds, the entire amount shall be refunded along with interest at the rate of 6% per annum from the date of withdrawal till the deposit. Application stands disposed of.

JUDGE Hirekhan