Vidarbha Irrigation Development Corp. Through Executive Engineer v. Sudhakar Balkrishna Vidulkar (Dead) Thr. Lrs. Smt. Minakshi Sudhakar Vidulkar And Others

1 CAF 1351.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (F) No.1351/2020 in First Appeal No.944/2014(D) (VIDC thr Executive Engineer, Yavatmal V Minakshi Vidulkar 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 Dahat, Adv h/f Shri J.B. Kasat, Adv for appellant. Shri A.B. Nakshane, Adv for resp. nos. 1 (i) to (iii). Shri S.D. Sirpurkar, AGP for resp. nos. 2 and 3. CORAM : S.M. MODAK, J.

DATE : 06-11-2020.

Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

Heard learned Advocate Shri Nakshane for the contesting respondents and learned Advocate Shri Dahat for the appellant/VIDC. I have gone through the judgment passed by this Court on 29-03-2019. This Court reduced the rate fixed by the Reference Court. Accordingly, fresh calculation has to be made. The respondents have withdrawn some amount and they are asking for withdrawal of the remaining amount. There is a possibility that the appellant will be entitled for refund of the amount as per the fresh calculation.

3.

The respondents to supply the copy of their calculations to the appellant through his learned advocate by email. 4.

The appellant to verify it and agree the same or to submit their calculations.

5.

The learned Registrar (Judicial) is directed to go through their calculations respectively and to arrive at exact figure of withdrawal/refund, if any.

6.

Matter be kept on 27-11-2020.

2 CAF 1351.20 7.

The order be communicated to the counsel appearing for the parties, either on the e-mail address or on WhatsApp or by such other mode, as is permissible in law.

(S.M. Modak, J.) Deshmukh