Executive Engineer, Lower Wardha Project Division, Wardha v. Atul S/O. Liladhar Shende And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAF] No.1406 of 2017 IN First Appeal No. 151 of 2017 [Executive Engineer, Lower Wardha Project Division, VIDC, Wardha Vs. Atul Liladhar Shende & two others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. S.D. Chopde, Adv., for applicant - respondent no.1. Mr. S. Bhoyar, Adv., for the appellant.

Mrs. Prabhu, AGP for respondent nos. 2 and 3. ----

CORAM

:

A. S. CHANDURKAR, J.

DATE :

23rd March, 2017 By this application, the applicant seeks permission to withdraw the amount of compensation deposited by the appellant.

Perused the impugned judgment. Considering the nature of evidence on record, the claimant is permitted to withdraw the amount of Rs.25,00,000-00 [rupees twenty-five lakhs only] on filing an undertaking that in case the appeal is allowed, the said amount shall be repaid with interest at such rate the Court may direct. Further amount of Rs.25,00,000-00 [rupees twenty-five lakhs only] is permitted to be withdrawn on furnishing a solvent surety to the satisfaction of the

Registrar [Judicial]. Rest of the amount shall remain invested in a Fixed Deposit.

Civil Application is disposed of.

Judge |hedau|