Vidarbha Irrigation Development Corporation,Through Its Executive Engineer, Minor Irrigation, Washi v. Sanjay S/O Bhiwaji More And Another

20-CAF-603-15 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.603 OF 2015 IN FIRST APPEAL NO.129 OF 2015 Vidarbha Irrigation Development Corporation, Thr. its Executive Engineer, Minor Irrigation, Washim -vsSanjay s/o Bhiwaji More & Anr.

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

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------------------------------------------- Shri Anoop Parihar, Advocate for appellant.

Shri V. K. Paliwal, Advocate for respondent No.1. Shri H.D.Dubey, AGP for respondent No.2.

CORAM : A.S.CHANDURKAR, J.

DATE : MARCH 30, 2015 Prayer is to permit respondent No.1 to withdraw the amount of compensation deposited by the appellant in terms of judgment of the Reference Court.

The Application is opposed by the appellant on the ground that the amount as awarded by the Reference Court is enhanced without sufficient evidence.

Considering the judgment of Reference Court and the purpose for withdrawal, respondent No.1 is permitted to withdraw sum of Rs.4,21,471/- on following terms.

Respondent No.1 shall give personal undertaking in respect of 50% of aforesaid amount that in case the appeal is allowed, said amount shall be repaid with interest at such rate the Court may direct. Balance amount is permitted to be withdrawn without furnishing any surety. C.A. is allowed in aforesaid terms.

JUDGE Asmita