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Bombay High CourtCAF/1398/2016ca disposed off

Vidarbha Irrigation Development Corporation Thr. Exe. Eng. Lower Wardha Canal Division Wardha v. Dilip Shankarrao Chambhare And ORS

2016-04-11Hon'Ble Shri Justice A.S. Chandurkar1 pages

1 1104caf1398.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (F) NO.1398 OF 2016 IN FIRST APPEAL NO.438 OF 2013.

VIDC WARDHA VS DILIP SHANKARRAO CHAMBHARE 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 A. B. Patil, Advocate for the appellant. Ms. N. P. Mehta, Asstt. Government Pleader for respondent Nos.2 & 3. CORAM : A.S. CHANDURKAR, J.

DATED : APRIL 11, 2016.

Prayer is to permit the claimant to withdraw the amount of compensation deposited by the appellant. It is stated that the acquired land was the only land owned by the respondent No.1 and hence, there is no other source of income.

Perused the award of the Reference Court. The claimant is permitted to withdraw a total amount of Rs.7,00,000/-. The amount of Rs.4,00,000/- is permitted to be withdrawn on filing undertaking that in case the appeal is allowed, the said amount shall be repaid with interest at such rate the Court may direct. The claimant is permitted to withdraw an amount of Rs.3,00,000/- on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial). Civil application is allowed in aforesaid terms. JUDGE /MULEY/