V.I.D.C. Thr. Exe. Engineer, Yavatmal Proj. Const. Division (Medium Project Division) v. Madan Sahebrao Gadekar And Others

2024:BHC-NAG:602 26 fa 891.22.odt..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2569 OF 2022 IN FIRST APPEAL NO.

OF 2022 V.I.D.C. through its Executive Engineer, Yavatmal .Vs.

Madan Sahebrao Gadekar and Ors.

_______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Ms Ashwini s. Athalye, Advocate for the appellant. Mr. Pawan Sarise, Advocate h/f Mr. R.J. Shinde, Advocate for respondent No.1.

Mr. M.A. Kadu, AGP for respondent Nos.2 and 3. CORAM :

G.A. SANAP, J.

DATE :

16/01/2024 Heard learned Advocates for the parties.

2.

This is an application filed by respondent No.1 seeking permission to withdraw the decreetal amount deposited by the appellant/acquiring body towards the compensation in terms of order dated 13.10.2023. 3.

The reasons have been stated in the application. In view of the reasons stated in the application, the application is allowed.

4.

Respondent No.1-Madan Sahebrao Gadekar is allowed to withdraw 80% of the amount with accrued interest. Out of said 80% of the amount, 60% is allowed to be withdrawn on furnishing usual undertaking to the effect that he will return the said amount in case the appeal is

26 fa 891.22.odt..odt decided against him along with interest at the rate that will be determined by the Court and 20% is allowed to withdraw on furnishing solvent surety.

5.

Application stands disposed of, accordingly.

FIRST APPEAL NO.

OF 2022 1.

Two weeks time is granted for filing paper book. 2.

Stand over after two weeks.

(G. A. SANAP, J.) manisha