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Bombay High CourtCAF/548/2022ca disposed off

Executive Engineer Purna Medium Project Section Achalpur Amravati v. Gunwantrao S/O Deorao Adhau (Dead) Thr. Lrs. Smt. Pramilabai Wd/O Gunwantrao Adhau And Others

2022-06-23Hon'Ble Smt. Justice M. S. Jawalkar1 pages

2 fa 584-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.548/2022 IN FIRST APPEAL NO.584/2018 Executive Engineer Purna Medium Project Division, Achalpur, Amravati Vs.

Gunwantrao s/o Deorao Adhau (dead) through LRs Smt. Pramilabai wd/o Gunwantrao Adhau and others.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Mrs. Anjali A. Joshi, Advocate for appellant Shri R.J. Shinde, Advocate for respondent No.1. Shri N.R. Patil, AGP for respondent Nos.2 and 3. CORAM : SMT. M.S. JAWALKAR, J.

DATE : 23/06/2022 Present application is filed by the respondent No.1 (A to E) for withdrawal of amount deposited by the appellant, in view of order dated 30/06/2017. 2.

For the reasons stated in the application, the application is allowed, subject to condition that the applicants are entitled to withdraw 50% amount so deposited and remaining 50% is permitted to be withdrawn on furnishing solvent surety.

3.

Both these amounts to be released in favour of applicants, subject to their undertaking that if the appellant succeeds in appeal the amount will be refunded as per order in the First Appeal that might be passed at the time of conclusion.

Signed By:JAYASHREE SHARAD SHINGNE (SMT. M.S. JAWALKAR, J.) Jayashree..