Executive Engineer, Nimna Wardha Kalwe Prakalp, Wardha v. Kawdu Palasram Vaitage Through P.O.A. Mrs. Rohini Rajendra Zade And Others

10 caf 921-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.921/2022 IN FIRST APPEAL NO.85/2022 Executive Engineer Nimna Wardha Kalwe Prakalp, Wardha Vs.

Kawdu Palasram Vaitage and others.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms A.S. Athale, Advocate h/f Ms I.P. Khisht, Advocate for appellant/applicant.

Ms S.S. Wandile, Advocate for respondent No.1 Shri M.A. Kadu, AGP for respondent nos.2 & 4. CORAM : M.S. KARNIK , J .

DATED : 19/04/2022 This is an application on behalf of the respondent no.1/claimant for withdrawal of the compensation amount deposited by the appellant. It is not in dispute that the entire amount of compensation as awarded by the trial Court has been deposited with the Reference Court. The appeal has since been admitted. Having perused the judgment and order, though the request for withdrawal was opposed by the learned Counsel for the appellant, a case is made out for withdrawal of the amount of compensation in view of the submissions made by the learned Counsel for the claimant as

10 caf 921-2022.odt well as for the reasons stated in the application in paragraph No.4.

3.

For the present, I am inclined to permit the claimant to withdraw 50% from the total amount of Rs.52,06,783/- deposited along with accrued interest which is deposited with the Reference Court.

4.

Liberty to the claimant to file an appropriate application at an appropriate stage for further withdrawal. 5.

Civil Application stands disposed of.

[JUDGE] R.S.Sahare Signed By:RANJANA SAMEER SAHARE