Vidarbha Irrigation Development Corporation, Through Executive Engineer, Wardha v. Shri Rajendra S/O Haribhau Wairagade And 2 Others

2023:BHC-NAG:13683 22 fa 207.14.odt..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1559 OF 2023 IN FIRST APPEAL NO.

OF 2014 V.I.D.C. through Executive Engineer, Minor Irrigation Division, Wardha .Vs.

Shri Rajendra s/o Haribhau Wairagade and Ors. _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri P.B. Patil, Advocate for the appellant.

Shri T.S. Kene, Advocate for respondent No.1. Ms T.H. Udeshi, AGP for respondent Nos.2 and 3. CORAM :

G.A. SANAP, J.

DATE :

12/09/2023 This is an application filed by respondent No.1 for withdrawal of Rs.14,57,973/- deposited by the appellant/ acquiring body towards the compensation.

2.

The reasons have been stated in the application. 3.

In view of the reasons stated in the application, the application is allowed.

4.

Respondent No.1 is allowed to withdraw 50% of the amount subject to undertaking to the effect that in case the appeal is decided against the respondents then respondent No.1 will deposit the amount with interest, as directed by this Court. The remaining 50% of amount is allowed to be withdrawn on furnishing solvent surety. 5.

The amount be paid within four weeks.

6.

Application stands disposed of, accordingly.

(G. A. SANAP, J.) manisha