Bombay High CourtCAF/962/2020ca disposed off

V.I.D.C., Thr Exe. Eng. Chikhali v. Janardan Vyankatrao Jawanjal And ANR.

2020-12-07Hon'Ble Shri Justice S.M. Modak2 pages

2 CAF 962-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 962 OF 2020 IN FIRST APPEAL NO.385 OF 2010(D) Vidarbha Irrigation Development Corporation, through its Executive Engineer, Medium Irrigation Division No.2, Chikhali, Distt. Buldhana ...Versus...

Janardan S/o Vyankatrao Jawanjal and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- - - None for appellant Shri Sanket Bhalerao, Advocate h/f Shri N.B. Kalwaghe, Advocate for respondent No.1/Applicant Shri M.A. Kadu, AGP for non-applicant No.2 CORAM : S.M. MODAK, J.

DATE : 07/12/2020 { This Court disposed of the appeal vide common judgment dated 11/09/2012. The appeal against enhancement came to be dismissed. It is submitted that 75 % of the amount has been deposited and yet 25% remains. Respondent no.1 submits that he has not withdrawn 75% amount. The appellant undertakes to deposit the remaining 25% amount within 3 months. Once the amount is deposited, it be returned to the original claimant/respondent No.1 by transferring to his bank account. Hence directions are as follows.

The appellant to deposit remaining amount of 25% within a period of 3 months. Once it is deposited, the

2 CAF 962-2020.odt amount be transferred in the account of respondent No.1 on personal identification and giving necessary bank details. The Nazar is directed to transfer 75% of the amount deposited earlier along with the accrued interest thereon in the bank account of respondent No.1 (if at all the amount has not been withdrawn earlier).

The application is disposed of.

JUDGE J.Pethe