V.I.D.C. Thr. The Executive Engineer Bembla Project Division, Yavatmal v. Anusayabai Gulabrao Sarde And Others

1122.17ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR CIVIL APPLICATION (F) NO.1122 OF 2017 IN FIRST APPEAL NO. 244 OF 2016 V.I.D.C. Through the Executive Engineer Bembla Project Division, Yavatmal, Tq. & Dist. Yavatmal.

..APPELLANT

VERSUS

Anusayabai Gulabrao Sarde & ors.

..RESPONDENTS Mr S.G. Jagtap, Advocate for appellant;

Mr A.B. Nakshane, Advocate for respondent No.1; Mr M.A.Kadu, A.G.P. for respondent Nos. 2 and 3 CORAM : N.W. SAMBRE, J.

DATE : 29th MARCH, 2017 ORAL ORDER :

The claimant seeks permission to withdraw the amount of compensation deposited by the appellant.

2.

Perused the judgment of the Reference Court.

3.

In the facts of the case, the claimant is

1122.17ca (2) permitted to withdraw 50% of the amount deposited on filing an undertaking that in case the appeal is allowed, said amount shall be repaid with interest at such rate the Court may direct. Remaining 50% amount of compensation is permitted to be withdrawn on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial).

4.

Civil Application is allowed in above terms and stands disposed of.

(N.W. SAMBRE, J.) Tupe