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Bombay High CourtCAF/427/2015dispossed offdismiss for default

Vidarbha Irrigation Development Corp. Through Executive Engineer, Unnai Madan Project, Wardha v. Sudhakar Narayanrao Bawankar And 2 Others

2015-02-20Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf427.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO.427 OF 2015 IN FIRST APPEAL NO.336 OF 2014 (Vidarbha Irrigation Development Corporation ..vs.. Sudhakar Narayan Bawankar 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.M. Nair, Advocate for the appellant, Shri C.R. Najbile, Advocate for the respondent No.1, Smt. B.P. Maldhure, AGP for the respondent Nos.2 and 3. CORAM : Z.A. HAQ, J.

DATED : 20-02-2015 Considering the facts of the case, the respondent No.1 land owner is permitted to withdraw Rs.4,00,000/- from the amount deposited by the appellant on filing an undertaking to the satisfaction of the learned Registrar (Judicial) of this Court, to the effect that if it is found that the respondent No.1 is not entitled for the amount permitted to be withdrawn by him, he shall re-deposit the amount with the Registry of this Court with interest as would be determined by this Court within the stipulated time. The balance amount be kept in fixed deposit in a nationalised Bank initially for the period of three years, to be renewed every year till the decision of the appeal.

The civil application is disposed in the above terms.

JUDGE

2 caf427.15 pma