Executive Engineer, Bembla Irrigation Division, Yavatmal v. Rambhau Punjaram Hole (Dead) Through Lrs. Babytai Rambhau Hole And Others

1 12caf439.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.439 OF 2021 IN FIRST APPEAL NO.533 OF 2018 [V.I.D.C. .vs. Rambhau Punjaram Hole 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 S.K. Bhoyar, Advocate for appellant, Shri A.B. Nakshane, Advocate for respondent no.1-A, Ms. T.H. Udeshi, AGP for respondent nos.2 and 3. ..........

C ORAM : SMT. M.S. JAWALKAR, J.

D ATE : 05/09/2022 .

Present application is filed by the applicantrespondent no.1-A for withdrawal of amount of compensation deposited by the appellant-VIDC. 2.

It is informed that the appellant has deposited an amount of Rs.5,69,366/- before the Reference Court and Rs.14,88,366/- in this Court. This court, however, granted permission to withdraw an amount of Rs.5,00,000/- by order dated 03.04.2018. The said amount was withdrawn out of the amount deposited in this Court. Now he is seeking further permission to withdraw the balance amount. However, considering the reasons mentioned in the application, it would be appropriate to grant permission to withdraw an amount of Rs.5,00,000/-. As such, the

2 12caf439.21.odt application is partly allowed. The applicant is permitted to withdraw further amount of Rs.5,00,000/-. 3.

Learned counsel for applicant makes a statement that he has not withdrawn any amount from the amount deposited before the reference court. 4.

Application is allowed and disposed of.

[Smt. M.S. Jawalkar, J.] Gulande Signed By:ABHIMANYU SHANKARRAO GULANDE Personal Assistant High Court Nagpur