Chief Executive Engineer, Madhyam Prakalpa Vibhag, Yavatmal v. Dashrath Januji Rathod And Others

1 38caf817.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.817 OF 2022 IN FIRST APPEAL ST. NO.12260 OF 2019 (F.A. No.428/2022) [The Chief Executive Engineer .vs. Dashrath Januji Rathod 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 Ajinkya Joshi, Adv. h/f Ms. I.P, Khisti, Advocate for appellant, Shri N.Z. Mirza, Adv. h/f Shri A.I. Sheikh, Advocate for respondent no.1, Shri M.A. Kadu, AGP for respondent nos.2 and 3. ..........

C ORAM : SMT. M.S. JAWALKAR, J.

D ATE : 07/09/2022 .

Present application is filed by respondent no.1original claimant for grant of permission to withdraw the amount deposited by the appellant.

It appears that the total decreetal amount of Rs.26,84,773/- is deposited by the appellant in this court. Considering the reasons mentioned in the application, it would be appropriate to allow the respondent no.1-original claimant to withdraw fifty percent of amount along with accrued interest. Registry is directed to disburse fifty percent of amount in favour of respondent no.1-original claimant along with accrued interest on furnishing undertaking within two weeks to the effect that if appellant succeeds in the matter, the amount will be refunded as per final order which would be passed in the present appeal. Accordingly, application is allowed and disposed of.

[Smt. M.S. Jawalkar, J.] Signed By:ABHIMANYU SHANKARRAO GULANDE Personal Assistant High Court Nagpur Gulande