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Bombay High CourtCAF/940/2015dispossed offdismiss for default

Maharashtra Industrial Development Corporation, Through Its Chief Executive Officer v. Namdeo S/O Bakaram Meshram And 3 Others

2015-04-21Hon'Ble Shri Justice A.S. Chandurkar1 pages

9-CAF-940-15 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.940 OF 2015 IN FIRST APPEAL NO.280 OF 2011 M. I. D. C.

-vsNamdeo Bakaram Meshram & Ors.

---------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

----------------------------------------------------------------------------------------------------------------------------------- Shri M.M. Agnihotri, Advocate for appellant.

Shri R. V. Shiralkar, Advocate for respondent Nos.1 & 2. CORAM : A.S.CHANDURKAR, J.

DATE : APRIL 21, 2015 Prayer is to permit the respondent Nos.1 and 2 to withdraw the amount of enhanced compensation. In the application, it is stated that the appellant has compromised various other matters where the enhancement granted was Rs.2,25,000/- per hectare. The application is opposed by learned counsel for the appellant. It is further stated that interests of the appellant be protected. Considering the nature of evidence on record, the respondent Nos.1 and 2 are permitted to withdraw 75% of the amount of enhanced compensation on furnishing undertaking that in case the appeal is allowed, said amount shall be repaid with interest at such rate Court may direct. Balance 25% of the enhanced amount shall be withdrawn after furnishing solvent surety to the satisfaction of the Registrar (Judicial).

Civil application is disposed of.

JUDGE Asmita