Bombay High CourtCAF/1406/2016ca disposed off

Vidarbha Irrigation Devp. Corp., Thr. Executive Engineer, Minor Irrigation Division, Wardha v. Arun @ Chandrashekhar Pandurang Thakre And Others

2017-06-15Hon'Ble Dr. (Smt.) Justice Shalini Phansalkar-Joshi2 pages

CAF 1406 of 2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.F. No. 1406/2016 in F.A. St. No. 4030/2016 [V.I.D.C. Thr. its Executive Engineer, Minor Irrigation Divin., Wardha V/s Arun @ Chandrashekhar Pandurang Thakre 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 J.B. Kasat Advocate for Appellant.

Shri. A.R. Chute, A.G.P. for respondent Nos. 2 and 3. Shri C.R.Najbile, Adv. for Respondent No.1.

CORAM : DR. SMT. SHALINI PHANSALKAR-JOSHI, J DATED : 15 th JUNE, 2017.

Heard learned counsel for appellant.

For the reasons stated in para-2 of the application, as the applicant is acquiring body and it's presence is necessary for deciding the dispute involving in the matter, the application is allowed and the applicant is granted leave to file appeal.

Application is disposed of.

F.A. St. No. 4030/2016 On the request of learned counsel for appellant, seeking time to make submission in respect of Govt. Resolution dated 23.2.2017, stand over 29/06/2017.

CAF 1406 of 2016.odt C.A.O. 452/2017 Heard learned counsel for the appellant and learned counsel for respondents.

This application is for withdrawal of the decreetal amount of Rs. 17,70,173/-. The appellant has deposited Rs. 17,70,173/- in this Court.

For the reasons stated in the application, applicant is permitted to withdraw the entire amount of compensation, subject to the condition that he shall withdraw 50% amount on furnishing surety / security and 50% amount on furnishing usual undertaking that if the decision of the appeal goes against him, he shall return the entire amount with interest.

Application is disposed of.

JUDGE Nandurkar