Executive Engineer Minor Irrigation Division Washim v. Ashok Digambar Kolhare And 2 Others

941 fa435.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.757 OF 2025 IN FIRST APPEAL NO.435 OF 2014 Executive Engineer, Minor Irrigation Division, Washim Vs. Ashok Digambar Kolhare& Ors __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri A.V. Palshikar, Advocate for appellant.

Shri C.U. Deopujari, Advocate for respondent no.1. Shri M.A. Kadu, AGP for respondent nos.2 & 3/ State. CORAM : M.W. CHANDWANI, J.

DATE : 24.04.2025.

1.

By order dated 24.06.2016, this Court has allowed respondent no.1 to withdraw an amount of Rs.1,00,000/- out of the amount deposited by the appellant, subject to giving an undertaking to this Court within a period of two weeks.

2.

The contention is that order was informed to the local counsel but the local counsel misconstrued the directions and presumed it to submit solvent surety and therefore, the order could not be complied with till date.

3.

For the reasons mentioned in the application, the application is allowed in view of order dated 24.06.2016. Respondent no.1 is permitted to withdraw an amount of Rs.1,00,000/- on furnishing usual undertaking. 4.

The application stands disposed of.

JUDGE Wagh