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Bombay High CourtCAO/168/2025ca disposed off

Deputy Chief Engineer (Construction), Central Railway, Ajani, Nagpur And Others v. Smt. Surekha Prabhakar Nalamwar (Dead) Through Lrs. Sanjay S/O Prabhakar Nalamwar

2025-02-20Hon'Ble Shri Justice Nitin B. Suryawanshi,Hon'Ble Shri Justice Pravin S. Patil2 pages

1 52-A cao 168.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 168/2025 IN CROSS OBJECTION (ST) NO. 22885/2023 IN FIRST APPEAL NO. 325/2022 (Deputy Chief Engineer (Construction), Central Railway, Ajni, Nagpur Vs. Smt. Surekha Prabhakar Nalamwar (dead) thr. LR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M.M. Agnihotri, Advocate with Mr. G.R. Kothari, Advocate for applicant/claimant.

Mrs. M. Deshmukh, APP for State.

Mr. P. Navlani, Advocate for cross-objector.

CORAM: NITIN B. SURYAWANSHI AND PRAVIN S. PATIL, JJ.

DATED : 20/02/2025 Heard.

2.

This is an application for withdrawal of amount deposited by acquiring body/cross-objector, in view of the fact that in cross-objection, delay condonation application filed by acquiring body is dismissed by this Court on 29.01.2025, so also, cross-objection.

3.

Learned counsel for acquiring body strenuously opposed this application stating that before the Apex Court challenge is raised to the judgment passed by this Court at Principal Seat, relying on which, his cross-objection is dismissed.

4.

Learned counsel for acquiring body states that no appeal challenging the order passed in the present matter

2 52-A cao 168.25 has been filed by the acquiring body.

5.

In this view of the matter, we allow this application by permitting the applicant/claimant to withdraw balance 50% amount along with accrued interest thereon out of that 25% amount on furnishing undertaking and 25% amount on furnishing surety.

6.

Application stands disposed of in above terms. ( PRAVIN S. PATIL , J.) ( NITIN B. SURYAWANSHI , J.) Gohane