Bombay High CourtCAF/3176/2014dispossed offdismiss for default

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

2015-02-10Hon'Ble Shri Justice Z.A. Haq2 pages

1002caf3176.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION F. NO.3176/2014 IN FIRST APPEAL NO.944/2014 Vidarbha Irrigation Development Corporation, through Executive Engineer, Bembla Project Division, Yavatmal ...Versus...

Sudhakar Balkrishna Vidulkar (Since dead through his L.Rs.) Smt. Minakshi Sudhakar 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 J.B. Kasat, Advocate for appellant Shri A.B. Nakshane, Advocate for respondent nos.1 (i) to (iii) Mrs. A.R. Taiwade, AGP for respondent nos.2 & 3 CORAM : Z.A. HAQ, J.

DATE : 10.02.2015 For the reasons stated in the application, the appellant is permitted to deposit the amount. The appellant shall deposit the amount within two weeks. If the amount is deposited within two weeks, the interim order granted by this Court on 24.6.2014 shall continue till the decision of the appeal. If the amount is not deposited within stipulated time, the interim order shall stand vacated without reference to the Court.

If the amount is deposited within stipulated time, the respondent nos.1 (i) to (iii) shall be given 20% of the amount on filing undertaking to the satisfaction of the Registrar (Judicial) of this Court to the effect that if at the time of hearing it is found

1002caf3176.14.odt that the respondent nos.1 (i) to (iii) are not entitled for the amount given to them, they shall deposit it with the Registry of this Court with interest as would be determined by this Court within stipulated time. The respondent nos.1 (i) to (iii) shall file separate undertakings.

The civil application is disposed of in the above terms. JUDGE Wadkar