The Executive Engineer, Lower Wardha Canal Division, Vidarbha Irrigation Development Corporation v. Vithabai Kisana Zade Since Deceased Through Lrs. Gajanan Kisana Zade And Others

fa.810.15 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.1037 of 2016 in First Appeal No.810 of 2015 (The Executive Engineer, Lower Wardha Canal Division, V.I.D.C., Wardha vs.

Vithabai Kisana Zade, through L.Rs. and others) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri S.U. Nemade, Advocate for applicant/respondent Nos.1 and 2. Shri S.S. Godbole, Advocate for the non-applicant/appellant. Ms. N.P. Mehta, A.G.P. for non-applicant/respondent Nos.3 and 4.

CORAM

: A.S. CHANDURKAR, J.

DATE : APRIL 22, 2016.

The prayer is to permit the claimants to withdraw the amount of compensation deposited by the appellant. Perused the award passed by the Reference Court. Considering the discussion in paragraphs 15 and 16 of the impugned judgment, the claimants are permitted to withdraw an amount of Rs.8,00,000/- on furnishing an undertaking that in case the appeal is allowed, the amount withdrawn shall be repaid with interest and at such rate the Court may direct. The further amount of Rs.5,00,000/- is permitted to be withdrawn on furnishing solvent surety/ security to the satisfaction of the Registrar (Judicial). The civil application is allowed and disposed of. JUDGE *sdw