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Bombay High CourtCAF/1460/2017admittedallwdgrantedrule absolute

The Executive Engineer, Lower Wardha Project Division, Wardha v. Aparnatai D/O. Bhaiyyaji Bhagwat And Others

2017-04-04Hon'Ble Shri Justice Nitin W. Sambre2 pages

1460.17ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR CIVIL APPLICATION (F) NO.1460 OF 2017 IN FIRST APPEAL NO. 813 OF 2016 The Executive Engineer, Lower Wardha Project Division, Wardha, Taluka and District Wardha.

..APPELLANT

VERSUS

Aparnatai d/o Bhaiyyaji Bhagwat, Age: 65, Occ: Cultivator, R/o. Mirzapur (Neri), Taluka Arvi, Dist. Wardha & ors ..RESPONDENTS Mr P.B. Patil, Advocate for appellant;

Mr S.D. Chopde, Advocate for respondent No.1; Mrs. M.S. Naik, A.G.P. for respondent Nos. 2 & 3 CORAM : N.W. SAMBRE, J.

DATE : 4th APRIL, 2017 ORAL ORDER :

The appeal is already admitted. Paper book be filed within a period of six months from today, failing which, the appeal shall stand dismissed without reference to the Court.

2.

The present application for withdrawal of the amount is allowed. Respondent No.1-claimant is

1460.17ca (2) permitted to withdraw 75% of the amount deposited on filing usual undertaking that in case the appeal is allowed, she shall re-deposit the amount as ordered by this Court.

3.

The balance amount of 25% of the deposited amount is concerned, same shall be kept in fixed deposit in a nationalized bank initially for the period of three years.

4.

Civil Application stands disposed of.

(N.W. SAMBRE, J.) Tupe