V. I. D. C. Through The Executive Engineer, Minor Irrigation Division, Washim v. Vasant Mahadeo Tayade And Another

2021:BHC-NAG:15379 14 fa 514.19.odt..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1305 OF 2022 IN FIRST APPEAL NO.

OF 2019 V.I.D.C. through the Executive Engineer, Minor Irrigation Division, Washim .Vs.

Vasant Mahadeo Tayade and another.

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

and Registrar's Orders.

Mrs. U.A. Patil, Advocate for the appellant.

Shri Amol Darekar, Advocate for respondent No.1. Shri M.A. Kadu, AGP for respondent No.2/State. CORAM :

G.A. SANAP, J.

DATE :

12/10/2023 1.

This is an application filed by respondent Nos.1/ claimant for withdrawal the entire decreetal amount deposited by the appellant/acquiring body towards the compensation.

2.

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

3.

Respondent No.1/claimant is allowed to withdraw 90% of the amount with accrued interest. Out of said 90% of the amount, 70% is allowed to be withdrawn on furnishing usual undertaking to the effect that he will return the said amount in case the appeal is decided against him along with interest at the rate that will be determined

14 fa 514.19.odt..odt by the Court and 30% is allowed to withdraw on furnishing solvent surety.

4.

Application stands disposed of, accordingly.

(G. A. SANAP, J.) manisha