Bombay High CourtCAF/425/2015dispossed offdismiss for default

Vidarbha Irrigation Development Corporation,Through Executive Engineer,Minor Irrigation Work, Wardh v. Shri Nana S/O Bhaduji Timande And Another

2015-02-27Hon'Ble Shri Justice Z.A. Haq1 pages

1 caf425.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.425 OF 2015 IN FIRST APPEAL NO. 305 OF 2014 (VIDARBHA IRRIGATION DEV. CORPN...VS. NANA BHADUJI TIMANDE & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Abhijit Parihar, Advocate for Appellant.

Mr. C.R.Najbile, Advocate for Respondent No.1/Applicant. Ms B.P. Maldhure, A.G.P. for Respondent No. 2. CORAM : Z.A.HAQ, J.

DATED : FEBRUARY 27, 2015.

Considering the facts of the case, respondent No. 1 is permitted to withdraw 50% of the amount deposited by the appellant on furnishing solvent surety to the satisfaction of the Reference Court and balance 50% amount shall be given to respondent No. 1 on filing undertaking to the satisfaction of the Reference Court to the effect that at the time of hearing if it is found that respondent No.1 is not entitled for the amount withdrawn by him, he shall re-deposit the amount with interest as would be determined by this Court, within stipulated time.

The Civil Application is disposed of in the above terms.

JUDGE.

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