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Bombay High CourtCAF/1096/2025ca disposed off

V.I.D.C., Thr. Exe. Engineer, Purna Minor Irrigation Div., Achalpur (Amravati Medium Project, Div.) v. Sau. Shakuntala Manikrao Ingle And Others

2025-04-02Hon'Ble Shri Justice M. W. Chandwani1 pages

2025:BHC-NAG:3351 930 CAF-1096-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.1096 OF 2025 IN FIRST APPEAL NO.328 OF 2025 [Vidarbha Irrigation Development Corporation ..Vs.. Sau. Shakuntla Manikrao Ingle and Others] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr P. Patil, Advocate for Applicant/Appellant. Mr A. P. Deshmukh, Advocate for Non-Applicant/Respondent No.1. Mr M. A. Kadu, AGP for Non-Applicants/State.

CORAM

: M. W. CHANDWANI, J.

DATE : 2 nd APRIL, .

1.

By order dated 29.01.2025, the stay was granted to the execution of the impugned award subject to deposit of entire decreetal amount with accrued interest. Apart from withdrawal of the decreetal amount deposited by the appellant, the grievance is made that the amount of award has not been calculated properly and there is shortfall of some amount. The calculation sheets are filed on record alongwith the pursis.

2.

The learned counsel for the appellant submits that he will go through and deposit the decreetal amount, if any, within four weeks from today.

3.

Considering the ground raised in the appeal, the respondent No.1 is permitted to withdraw the 100% of the total principal amount deposited by the appellant on furnishing usual undertaking.

4.

Needless to mention that if there is any deficit in depositing the decreetal amount by the appellant, the appellant shall deposit the same.

5.

The application stands disposed of accordingly. JUDGE Tambe