Bombay High CourtCAF/611/2015admittedallwdgrantedrule absolute

Executive Engineer, Medium Project, Vidc Nagpur v. Sheshrao S/O Baliramji Bodhare And 2 Others

2015-04-06Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Sunil B. Shukre2 pages

0604caf611.15.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 611 OF 2015 IN FIRST APPEAL NO. 226 OF 2011 (Executive Engineer, Medium Project VIDC Vs. Sheshrao Baliramji Bodhare & the State) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - 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 the appellant. Shri C. R. Najbile, Advocate for respondent No.1/applicant. Smt. Kalyani Deshpande, A.G.P. for respondent No.2. CORAM : B. P. DHARMADHIKARI AND S. B. SHUKRE, JJ.

DATED : 06 APRIL, 2015 Respondent No.1-land owner seeks leave to withdraw the amount deposited by the appellant in this Court.

On 19/3/2015 Advocate Shri Najbile pointed out that identical request is granted on 02/3/2015 while allowing Civil Application No. 372 of 2015. We adjourned the matter to today to enable the Counsel for the appellant to find out correct position.

Today, learned Counsel for the appellant has tendered reply. It is taken on record. However, the fact that in identical situation, this Court has passed orders on 02/3/2015 is not in dispute. Hence, after considering the contentions in the backdrop of order dated 02/3/2015, we allow the present civil application.

0604caf611.15.odt 2/2 Half of the amount deposited in this Court is allowed to be withdrawn by the applicant/respondent No.1 with an undertaking that in case the appeal is allowed, he shall refund it within six weeks thereafter with such an interest as this Court in that event orders. Remaining 50% amount is permitted to be withdrawn upon the applicant-respondent No.1 furnishing solvent surety to the satisfaction of the Registrar (Judicial) of this Court.

Civil application is accordingly disposed of. No costs.

JUDGE JUDGE wwl