Executive Engineer, Lower Wardha Canal Division v. Megharaj Sukhadeo Thool And Others

2503fa74.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 638 OF 2015 IN FIRST APPEAL NO. 74 OF 2013 Exe. Engineer LWCD Wardha Vs. Meghraj Sukhdeo Thool & Ors. ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri A. V. Palshikar Adv for applicants.

Smt. M. N. Hiwase AGP for respondent nos. 2 & 3.

CORAM: A. S. CHANDURKAR J.

DATED: MARCH 25, 2015.

Prayer is to grant permission to withdraw amount of enhanced compensation that has been deposited by the appellant with the Reference Court.

The application is opposed by the appellant on the ground that the enhancement as awarded by the Reference Court is not supported by necessary evidence in that regard. Considering the nature of enhancement as awarded by the Reference Court the respondent no.1 is permitted to withdraw 50% of the amount deposited by the appellant with

2503fa74.13 the Reference Court subject to furnishing solvent surety to the satisfaction of the Reference Court. Civil Application is allowed and disposed of.

JUDGE svk