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Bombay High CourtCAF/762/2025allowed

Exe. Engineer, Madhyam Prakalpa Vibhag, Yavatmal v. Harish Vasantrao Pawar And Others

2025-06-25Hon'Ble Shri Justice Abhay J. Mantri2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO. 762 OF 2025 IN FIRST APPEAL NO. 364 OF 2023 ( Executive Engineer, Madhyam Prakalpa Vibhag, Yavatmal ..vs.. Harish Vasantrao Pawar and others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. I.P. Khisti, Advocate for the appellant, Mr. A.A. Zade, Advocate for respondent No.1, Mr. M.R. Kavimandan, A.G.P. for respondent Nos. 2 and 3. CORAM : ABHAY J. MANTRI, J.

DATED : 25-06-2025 This is an application filed by applicant/respondent No.1 for permitting him to withdraw the entire amount deposited by the appellant in this Court, for which the learned Advocate for the appellant has given no objection for withdrawal of 50% of the compensation amount on the usual condition and 30% on furnishing a solvent surety.

2.

In view of the same, the application is allowed accordingly. The Registrar (J) is directed to transfer 80% of the compensation amount, along with accrued interest thereon, into the bank account of the applicant upon his furnishing the usual undertaking, a solvent surety, and account details to the registry. First Appeal No.364/2023 Heard.

2.

Considering the grounds raised in the memo of appeal, and the submissions of learned Advocates for both parties, the appeal is admitted.

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Mr. A.A. Zade, learned Advocate, waives service of notice for respondent No.1. Mr. M.R. Kavimandan, learned Assistant Government Pleader, waives service for respondent Nos. 2 and 3 4.

Call record and proceedings.

(ABHAY J. MANTRI, J.) adgokar