Executive Enginer, Bembla Project Division, Yavatmal v. Sanjay S/O Sadashiv Palikundwar And 2 Others

921-CAF-1257-17 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.1257 OF 2017 IN FIRST APPEAL NO.967 OF 2015 Executive Engineer, Bembla Project Division Yavatmal -vsSanjay s/o Sadashiv Palikundwar 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 A. B.Nakshane, Advocate for respondent No.1/applicant.

Shri M. A. Kadu, AGP for respondent Nos.2 and 3. CORAM : A.S.CHANDURKAR, J.

DATE : March 24, 2017 Prayer is to permit the claimant 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 claimant is permitted to withdraw an amount of Rs.Three lakhs 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 Further amount of Rs.Three lakhs is permitted to be withdrawn on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial).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