Vidarbha Irrigation Development Corporation Through Its Executive Eingineer v. Sudhir Vishwansrao Shirpurkar And 2 Others

1303caf1074.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.1074/2019 IN FIRST APPEAL NO.527/2014 (D) Vidarbha Irrigation Development Corporation, through its Executive Engineer, Lower Wardha Project Division, Wardha, Distt. Wardha ...Versus...

Sudhir Vishwasrao Shirpurkar 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 N.M. Gaidhane, Counsel for appellant Ms Ramma Kukday, Counsel h/f Shri V.S. Kukday, Counsel for respondent no.1/applicant Shri I.J. Damle, AGP for respondent nos.2 and 3 CORAM : ARUN D. UPADHYE, J.

DATE : 13/03/2019 Heard.

This Court vide order dated 29/6/2018 has permitted the claimant to withdraw the amount on certain conditions. However, in the said order, there is no mention about withdrawal of interest on the amount and therefore, the present application is filed by the applicant/respondent no.1 for permission to withdraw the accrued interest. In view of the order passed by this Court, the present civil application is allowed. The applicant/respondent no.1 is permitted to withdraw the accrued interest on the

1303caf1074.19.odt amount on the condition that if the first appeal is allowed, the applicant will refund the entire amount.

The civil application stands disposed of accordingly. No order as to costs.

JUDGE Wadkar, P.S.