Executive Engineer (V.I.D.C.) Bembla Project Division, Yavatmal And Another v. Prabhavati W/O Chandrashekhar Thakre And Others

1803caf909.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.909/2019 IN FIRST APPEAL NO.1191/2018 Executive Engineer (V.I.D.C.) Bembla Project Division, Yavatmal Tq. And Dist. Yavatmal and another ...Versus...

Prabhavati w/o Chandrashekhar Thakre and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.A. Kadu, Counsel for appellants Shri K.S. Narwade, Counsel for respondent nos.1 to 3, 4 (a) to 4 (c) and 5 & 6/applicants Shri I.J. Damle, AGP for respondent nos.7 and 8 CORAM : ARUN D. UPADHYE, J.

DATE : 18/03/2019 Heard.

Perused the application. The applicants/ respondent nos.1 to 3, 4 (a) to 4 (c) and 5 & 6 are seeking permission to withdraw the amount deposited by the appellants in this Court.

The learned Counsel for the appellants, however, submitted that at the most 75% of the amount deposited by the appellants may be permitted to be withdrawn, upon filing usual undertaking.

Considering the submissions of both sides and after going through the contents of the application, I am of the view that the applicants could be allowed to withdraw

1803caf909.19.odt 75% of the amount deposited by the appellants in this Court. Hence, I proceed to pass the following order.

O R D E R

(i) The civil application is partly allowed.

(ii) The applicants/respondent nos.1 to 3, 4 (a) to 4 (c) and 5 and 6 are permitted to withdraw 75% of the amount deposited by the appellants in this Court, upon furnishing usual undertaking to the satisfaction of the Registrar (Judicial) to the effect that the applicants/ respondent nos.1 to 3, 4 (a) to 4 (c) and 5 and 6 will refund the amount in case the first appeal is allowed. (iii) Remaining 25% amount be kept in fixed deposit in any Nationalized Bank, till final disposal of the first appeal.

The civil application stands disposed of accordingly. No order as to costs.

FIRST APPEAL NO.1191/2018 The appellants to file private paper-book within six months.

JUDGE Wadkar, P.S.