The Executive Engineer, Bembla Project, Yavatmal v. Chandrabhan Raghunath Phulzale And Others
fa.1000.17 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR First Appeal No.1000 of 2017 The Executive Engineer, Bembla Project, Yavatmal vs.
Chandrabhan Raghunath Phulzele & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri N.A. Waghmare, Adv. h/f Shri P.B. Patil, Adv. for the Appellant. Shri R.D. Hazare, Advocate for Respondent No.1 Shri K.L. Dharmadhikari, A.G.P. for Respondent Nos.2 & 3. CORAM : S.M. MODAK, J.
DATE : 8 th JANUARY, 2021.
Heard both the sides.
02] The appellant-VIDC has compromised with the claimant before the executing Court. Such reference finds place in letter dated 18/02/2020 filed as per the pursis bearing Stamp No.4319/2020. Now, the appellant wants to withdraw the appeal.
03] A chart is annexed to that pursis. It shows the calculations. Out of deposited amount of Rs.3,87,341/-, the appellant is asking for refund of Rs.15,694/-. Respondent No.1 is agreeing for the said calculations and according to him, an amount of Rs.3,71,655/- is to be paid to him. In view of this consensus, it can be accepted. Hence, the directions: i.
The appeal is disposed of as withdrawn.
ii.
The Nazar is directed to transfer an amount of Rs.3,71,655/- along with the accrued interest on it to the bank account of respondent No.1 (details are given as per
fa.1000.17 2/2 the pursis No.5/2020) on personal identification.
iii.
The Nazar is further directed to transfer an amount of Rs.15,694/- along with the accrued interest on that amount in the bank account of V.I.D.C.
iv.
Parties to bear their own costs.
v.
Necessary court fee be refunded to the appellant.
vi.
The appeal is disposed of.
JUDGE *sandesh