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Bombay High CourtCAF/964/2017ca disposed off

Executive Engineer Minor Irrigation Division, Washim v. Sujanbai Kashiba Sarkate (Dead) Thr. Lrs Chandraprabha Ramesh Bajad And Others

2017-03-03Hon'Ble Shri Justice A.S. Chandurkar1 pages

928-CAF-964-17 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.964 OF 2017 IN FIRST APPEAL NO.642 OF 2016 Executive Engineer, Minor Irrigation Division, Washim -vsSujan bai Kashiba Sarkate (deceased) Thr. L.Rs. Chandraprabha Ramesh Bajad and ors. ----------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri V. G. Palshikar, Advocate for appellant. Shri Sandip Marathe, Advcoate for respondent Nos.1(i) to 1(iii)/applicants.

Ms A. R. Kulkarni, AGP for respondent nos.2 and 3. CORAM : A.S.CHANDURKAR, J.

DATE : March 03 , 2017 The claimants seek permission to withdraw the amount of compensation deposited by the appellant before the Reference Court.

Perused the impugned judgment. Considering the evidence on record, the claimants are permitted to withdraw an amount of Rs.Nine lakhs subject to filing an undertaking that in case the appeal is allowed, said amount shall be repaid with interest at such rate the Court may direct. Further amount of Rs.Nine lakhs is permitted to be withdrawn on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial). Remaining amount shall be invested in Fixed Deposit.

Civil application is allowed and disposed of. JUDGE Asmita