Bombay High CourtCAF/457/2022allowed

The Executive Engineer, Irrigation Department, Amravati v. Arunlal Bisanlal Agrawal And Others

2022-03-08Hon'Ble Shri Justice V. G. Bisht2 pages

10-CAF-457-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (F) NO. 457 OF 2022 IN FIRST APPEAL NO. 146 OF 2022 EXECUTIVE ENGINEER, AMRAVATI IRRIGATION DEPARTMENT, AMRAVATI

VERSUS

ARUNLAL S/O BISANLAL AGRAWAL 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 T. M. Zaheer, Advocate for appellant.

Shri R. J. Shinde, Advocate for respondent No.1. Ms. S. S. Jachak, AGP for respondent Nos.2 and 3. CORAM : V. G. BISHT, J.

DATE : 08/03/2022 Heard learned counsel for the respondent No.1. Learned counsel for respondent No.1 submits that first name of respondent No.1 is Arun whereas in Reference Court Judgment dated 11/12/2019 as well as in the present First Appeal, the first name of respondent No.1 is inadvertently shown as Arunlal.

Necessary correction be carried out within one week. The civil application is allowed and disposed of in terms of prayer clause.

CIVIL APPLICATION (F) NO.13 OF 2022 Learned counsel for the appellant submits that he has already deposited the amount of Rs.14,62,454/- in this Court and Rs.7,66,927/- in the Reference Court, Achalpur.

10-CAF-457-22 In view of above, the civil application is allowed and disposed of accordingly.

CIVIL APPLICATION (F) NO.12 OF 2022 u Learned counsel for respondent No.1 seeks permission for withdrawal of entire decretal amount deposited by the appellant.

For the reasons stated in the application, respondent No.1 is permitted to withdraw 50% of the amount of compensation on furnishing usual undertaking and 50% amount on furnishing solvent surety to the satisfaction of the Reference Court as well as Registrar (Judicial) of this Court. In view of above, the civil application is allowed in terms of prayer clause and disposed of accordingly. FIRST APPEAL NO. 146 OF 2022 Stand over to four weeks.

[ V. G. BISHT, J. ] Choulwar VITHAL MAROTRAO CHOULWAR VITHAL MAROTRAO CHOULWAR Date: 2022.03.08 17:28:05 +0530