Executive Engineer, Buldhana Irrigation Division, Buldhana v. Radha Kisan Nathmal Jaju (Dead) Thr. Lrs Rohitkumar Rajesh Jaju And Others

025:BHC-NAG:5 1 caf796.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO. 796 OF 2025 IN FIRST APPEAL NO. 341 OF 2022 ( Ex. Engineer, Buldana Irrigation Division, Buldana ..vs.. Radhakisan Nathmal Jaju (died) through his L.R. and another ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. U.A. Gosavi, Advocate for the appellant, Mr. Alok Daga, Advocate for respondent No.1, Ms. M.R. Kavimandan, A.G.P. for the respondents/State. CORAM : ABHAY J. MANTRI, J.

DATED : 10-07-2025 Applicant/respondent No.1 has filed this application to direct the appellant to deposit the entire amount of compensation along with accrued interest thereon as per the order dated 06-08-2021, and for the withdrawal of the amount of compensation. In response, the learned Advocate for the appellant submitted that the appellant has already deposited the principal amount of compensation in this Court; only the interest has remained to be deposited and, therefore, he seeks four weeks' time to deposit the said amount in the Court. The learned Advocate for the applicant/respondent No. 1 has given no objection to the same.

2.

In view of the same, the application is allowed. The appellant is directed to deposit the remaining compensation amount, if any, along with accrued interest thereon, within four weeks, failing which the stay granted shall stand vacated without further reference to the Court.

2 caf796.25.odt 3.

The learned Advocate for the appellant has given no objection to permit the applicant to withdraw 50% of the compensation lying in this Court. In view of this, the applicant is permitted to withdraw 50% of the compensation amount, along with accrued interest thereon, upon furnishing a usual undertaking to the satisfaction of the Registrar (J). 4.

The Registrar (J) is directed to transfer the said amount into the bank account of the applicant, within four weeks, upon the applicant furnishing the usual undertaking and bank account details to the registry.

5.

The application is disposed of accordingly.

(ABHAY J. MANTRI, J.) adgokar