Executive Engineer, Khadakpura Project, Deulgaon Mahi, Buldhana v. Devidas Vikram Shingne And 2 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAF] No.481 of 2017 IN First Appeal No.535 of 2016 [Executive Engineer, Khadakpurna Project Division, Buldana Vs. Devidas Vikram Shingane & two others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. K.S. Narwade, Adv., for the applicant - respondent no. 1. Mr. Abhijit Parihar, Adv., for the appellant. Mrs. Kulkarni, AGP for respondent nos. 2 and 3. ----

CORAM

:

A. S. CHANDURKAR, J.

DATE :

24th February, 2017 By this application, the applicant seeks permission to withdraw the amount of compensation deposited by the appellant.

The application is opposed by the learned counsel for the appellant.

Perused the judgment of the Reference Court. Considering the nature of evidence on record, the claimant is permitted to withdraw the amount of Rs.8,50,000-00 [rupees eight lakhs fifty thousand only] on filing an undertaking that in case the appeal is allowed, the said amount shall be repaid with interest at

such rate the Court may direct. Further amount of Rs.8,50,000-00 [rupees eight lakhs fifty thousand only] is permitted to be withdrawn on furnishing a solvent surety to the satisfaction of the Registrar [Judicial]. Rest of the amount shall be invested in a Fixed Deposit. Civil Application is disposed of.

Judge |hedau|