Executive Engineer, Lower Wardha Project Division, Wardha v. Manoj Devidas Kale And Others

2024:BHC-NAG:2751 1 caf 794.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Civil Application (CAF) No. 794 of 2024 in First Appeal No.

of 20 (D) [The Executive Engineer, Lower Wardha Project Division, V.I.D.C. ..vs.. Manoj S/o Devidas Kale and ors.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S. D. Chopde, Advocate for the applicants/respondent no. 1 Mr. M. A. Kadu, AGP for respondent nos. 2 and 3 CORAM : ANIL L. PANSARE J .

DATED : 06-03 -202 The respondent no. 1 - original claimant has filed the application to withdraw balance amount of compensation deposited by the non-applicant/appellant. Learned counsel for the applicant states that the appeal has been dismissed for non compliance of order dated 6-4-2017 by which the non-applicant/appellant was directed to file paper book within six months. He further submits that non-applicant/appellant has not taken steps to restore the appeal on file.

Thus, the appeal has been dismissed. The applicant has been already permitted to withdraw 80% of the decreetal amount. The applicant/respondent no. 1 is hereby permitted to withdraw balance 20% of the decreetal amount along with accrued interest, as prayed for. Order accordingly.

The application is disposed of in above terms. (Anil L. Pansare, J.) wasnik