Executive Engineer, Bembla Project Division, Yavatmal v. Nitin S/O Ramdas Dhanuskar And Others

fa.844.15 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.1155 of 2016 in First Appeal No.844 of 2015 (The Executive Engineer, Bembla Project Division, Yavatmal vs.

Nitin Ramdas Dhanuskar and others) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= 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 the applicant/appellant. Shri A.B. Nakshane, Advocate for non-applicant/respondent No.1. Shri H.R. Dhumale, A.G.P. for non-applicant Nos.5 and 6.

CORAM

: A.S. CHANDURKAR, J.

DATE : 22 nd APRIL, 2016.

Prayer is to permit the claimants to withdraw the amount of compensation deposited by the appellant. It is stated that the applicants had relied upon the sale instance of the year 1994 for seeking enhancement in the amount of compensation.

The application is opposed by the learned Counsel for the appellant on the ground that an amount of Rs.750/- per sq.mtr. has been accepted by the appellant as said compensation in other cases.

In aforesaid facts, the claimants are permitted to withdraw an amount of Rs.10,00,000/- on filing undertaking that in case the appeal is allowed, the amount withdrawn shall be repaid with interest as such rate the Court may direct. Rest of the amount be invested in fixed deposit. The civil application is allowed and disposed of. JUDGE *sdw