Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Bembla Irrigation Division, Yavatmal v. Haribhau Laxman Gande And Others

1caf 1380.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1380/2022 IN FIRST APPEAL (FA) NO. 55/2020 VIDARBHA IRRIGATION DEVELOPMENT CORP.

..VS..

HARIBHAU LAXMAN GANDE AND OTHERS ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Shri J.B. Kasat h/f. Shri J.J. Chandurkar, Advocate for appellant Shri A.K. Tripathi, Advocate for applicant/respondent nos. 1 and 2 Ms. T.H. Khan, AGP for respondent nos. 3 and 4 CORAM : NITIN W. SAMBRE, J.

DATED : 29/08/2022 Heard.

The application is taken up by the land owners for permission to withdraw the amount of Rs.3,58,729/-. The said amount comes to the extent of 60% of the total liability which is due and payable by the appellant/acquiring body. Having regard to the reasons disclosed in the application and reasons furnished in the order under challenged by the Reference Court, it will be appropriate to permit withdrawal of the amount of Rs.3,58,729/- with accrued interest on furnishing usual undertaking that in case, if the appeal of the acquiring body is allowed, the amount shall be redeposited in this Court as shall be directed.

The civil application is allowed and disposed of. Digitally signed by SANDIP MAHADEV GATE Date:

2022.09.03 11:11:55 +0530 SANDIP MAHADEV GATE (NITIN W. SAMBRE, J.) SMGate