Executive Engineer, Purna Medium Project Division, Achalpur v. Pradip S/O Sheshraoji Tarhekar And Others

6caf2197.17.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION NO. 69/2019 IN CIVIL APPLICATION (CAF) NO. 2197/2016 IN FIRST APPEAL STAMP NO. 25608/2016 Executive Engineer, Purna Medium Project Division, Achalpur Dist. Amravati Vs.

Pradip Sheshraoji Tarhekar and others --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri V.V. Dahat, counsel h/f Shri J.B. Kasat, counsel for the appellant. Shri R.J. Shinde, counsel for the respondent No.1. Ms H.N. Jaipurkar, AGP for the respondent Nos. 2 and 3. CORAM: ARUN D. UPADHYE , J.

DATE: 25-01-2019.

Heard learned counsel for the appellant.

Learned counsel for the appellant has submitted that this application is filed for supply of correct address, however, Shri R.J. Shinde, learned counsel appears for the respondent No.1, and therefore this application may be disposed of.

In view of the above facts, Misc. Civil Application is disposed of.

CIVIL APPLICATION (CAF) NO. 2197/2017 Heard Shri V.V. Dahat, counsel h/f Shri J.B. Kasat, counsel for the appellant, Shri R.J. Shinde, counsel for the respondent No.1 and Ms H.N. Jaipurkar, learned

6caf2197.17.odt 2 AGP for the respondent Nos. 2 and 3.

Perused the application. There is delay of 237 days in filing the first appeal. For the reasons stated in the application, delay is condoned. The civil application is allowed.

FIRST APPEAL STAMP NO.25608/2016 Heard.

Admit.

Call for record and proceedings.

Shri R.J. Shinde, learned counsel waives notice for the respondent No.1.

Ms Geeta Tiwari, learned AGP waives notice for the respondent Nos. 2 and 3.

CIVIL APPLICATION (CAO) NO.200/2019 Heard Shri R.J. Shinde, learned counsel for the respondent No.1 as well as Ms H.N. Jaipurkar, learned AGP for the respondent No. 2 and 3.

Perused the application. The respondent No.1 has filed this application for withdrawal of entire amount i.e. Rs. 1, 96,818/- deposited by the appellant in this Court. In view of the above, the respondent No.1 is permitted to withdraw the amount of Rs. 1,96,818/- with accrued interest on furnishing usual undertaking to the

6caf2197.17.odt 3 effect that if the appeal is allowed, he will refund the amount along with interest within two months from the date of order.

Civil application is allowed.

JUDGE rkn