Executive Engineer, Amravati Division, Amravati v. Kisanrao S/O Balaji Mandavgade And 2 Others

858.17ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR CIVIL APPLICATION (F) NO.858 OF 2017 IN FIRST APPEAL NO. 1107 OF 2016 Executive Engineer, Anravati Irrigation Division, Amravati, District Amravati.

..APPELLANT

VERSUS

Kisanrao s/o Balaji Mandavgade, Agd about 78 years, Occ : Agri., R/o. Kumbhi Gaurkheda, Tq. Achalpur, Dist. Amravati & ors ..RESPONDENTS Mr V.G. Palshikar, Advocate for appellant;

Mr R.J. Shinde, Advocate for respondent No.1; Mr M.A. Kadu, A.G.P. for respondent Nos. 2 and 3 CORAM : N.W. SAMBRE, J.

DATE : 29th MARCH, 2017 ORAL ORDER :

Mr. Shinde, learned Counsel for respondent No.1-claimant prays for withdrawal of the amount deposited by the appellant in this Court. He would submit that that in similar matters, this Court has permitted the claimants therein to withdraw 50% of the amount on furnishing undertaking and remaining amount subject to furnishing solvent surety.

858.17ca (2) 2.

In view of above submissions, respondent No.1-claimant is permitted to withdraw 50% of the amount of compensation on filing usual undertaking. Balance amount of compensation is permitted to be withdrawn on furnishing solvent surety to the satisfaction of the Registrar (Judicial) of this Court.

3.

Civil Application stands disposed of accordingly.

(N.W. SAMBRE, J.) Tupe