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Bombay High CourtCAF/661/2017dispossed offdismiss for default

Executive Engineer, Lower Wardha Canal Division, Wardha v. Ramesh Wamanrao Dahake And Others

2017-02-22Hon'Ble Shri Justice A.S. Chandurkar1 pages

FA822.16 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

First Appeal No.822/2016 The Executive Engineer, Lower Wardha Canal Division, Wardha Vs.

Ramesh Wamanrao Dahake and others.

------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri S.G.Jagtap, Advocate for appellant.

Shri P.R.Agrawal, Advocate for R.Nos. 1 to 4 / applicants Mrs. Kulkarni, learned AGP for R.Nos. 5 & 6.

CORAM : A.S.CHANDURKAR, J.

DATE : February 22, 2017 CAF No. 661/2017 The claimants seek permission to withdraw the entire amount of compensation deposited by the appellant. The application is opposed by the learned counsel for the appellant on the ground that the compensation has been awarded on higher side.

Perused the impugned judgment. In the facts of the case, the claimants are permitted to withdraw an amount of Rs.10,00,000/- on filing undertaking that in case the appeal is allowed, the said amount shall be repaid with interest at such rate the Court may direct.

On the request made by the counsel for respondent nos. 1 to 4, the respondent nos. 1 to 3 are permitted to withdraw the aforesaid amount.

Civil Application is disposed of.

JUDGE Andurkar