V.I.D.C. Thr. Exe. Engineer, Yavatmal Const. Proj. Div., Yavatmal v. Sanjay Atmaram Tarte And Others

4 caf626.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CAF NO.626/2023 IN FA NO.683/2022 VIDC, thr.Exe Engineer, Yavatmal ..vs..

Sajnay s/o Atmaram Tarte and ors ........................................................................................................................................................................... OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................... Shri S.V.Ingole, Counsel for R-1 to 5, 6A and 6B/Claimants. Ms Anjali Agrawal, Counsel for the Appellant. Ms T.H.Udeshi, AGP for R-7 & 8.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 03/03/2023 1.

This is an application by respondents/claimants for grant of permission to withdraw entire amount of compensation. 2.

In connected FA No.1151/2016, this Court on 24.3.2017 permitted claimant to withdraw 50% of the amount of compensation on filing undertaking that in case the said appeal is allowed, the amount shall be repaid with interest at such rate the Court may direct. Remaining 50% amount of compensation is permitted to be withdrawn on furnishing surety/security to the satisfaction of the Registrar (Judicial).

3.

In view of the order passed in the said connected appeal, the present application can be allowed.

4.

The Power of Attorney is executed by all respondents/claimants in favour of respondent No.1. 5.

In this view of the matter, respondent No.1 is permitted to withdraw 50% of the amount of compensation on usual undertaking and remaining 50% of the amount of compensation is permitted to be withdrawn on furnishing surety/security to the satisfaction of the Registrar (Judicial).

6.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) by BHUSHAN RANA WANKHEDE Date: 2023.03.06 11:44:31 +0530 !! BrWankhede !!

BHUSHAN RANA WANKHEDE ...../-