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Bombay High CourtCAF/1240/2017ca disposed off

Executive Engineer, Gosikhurd Rehabilitation Division, Ambadi And Another v. Anusaya W/O Mahadeo Dahiwale And Others

2017-03-24Hon'Ble Shri Justice A.S. Chandurkar1 pages

918-CAF-1240-17 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.1240 OF 2017 IN FIRST APPEAL NO.280 OF 2015 Executive Engineer, Gosikhurd Rehabilitation Division, Ambadi, Bhandara -vsAnusayabai wd/o Mahadeo Dahiwale, Paoni, Bhandara and ors. ----------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri V. G.Palshikar, Advocate for appellant.

Shri S. S. Dhengale, Advocate for respondent Nos.1 and 2/applicants.

Ms M. S. Naik, AGP for respondent Nos.3 to 5. CORAM : A.S.CHANDURKAR, J.

DATE : March 24, 2017 Prayer is to permit the claimants to withdraw the amount of compensation deposited by the appellant. The application is opposed by learned counsel for the appellant. Considering the nature of evidence on record the claimants are permitted to withdraw an amount of Rs.7,50,000/- on filing an undertaking that in case the appeal is allowed, said amount shall be repaid with interest at such rate the Court may direct. Further amount of Rs.7,50,000/- is permitted to be withdrawn on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial). Remaining amount shall be invested in Fixed Deposit. Civil application is allowed and disposed of. JUDGE Asmita