Vidarbha Irrigation Development Corporation, Thr. Exe. Eng. Lower Wardha Canal, Wardha v. Shalik Punaji Kamble And 2 Others

1 1104caf1396.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (F) NO.1396 OF 2016 IN FIRST APPEAL NO.725 OF 2013.

VIDC WARDHA VS SHALIK PUNAJI KAMBALE AND OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. G. Jagtap Advocate with Shri S. S. Godbole, Advocate for the appellant.

Shri H. R. Dhumale, Asstt. Government Pleader for respondent Nos.2 & 3. Shri C. S. Dhore, Advocate for the respondent No.1. CORAM : A.S. CHANDURKAR, J.

DATED : APRIL 11, 2016.

Prayer is to permit the claimant to withdraw the part of the amount of compensation deposited by the appellant. It is stated that the respondent No.1 is in need of the amount of money for medical treatment.

The application is opposed by the learned Counsel for the appellant on the ground that enhancement is on a higher side.

Perused the judgment of the Reference Court. The claimant is permitted to withdraw the amount of Rs.15,00,000/- on filing undertaking that in case the appeal is allowed, said amount shall be repaid with interest at such rate the Court may direct. Further the amount of Rs.5,00,000/- is permitted to be withdrawn on furnishing solvent surety/security to the satisfaction of the Registrar

2 1104caf1396.16 (Judicial).

Rest of the amount be invested in fixed deposit. Civil application is allowed in aforesaid terms. JUDGE /MULEY/