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Bombay High CourtCAF/2777/2022allowed

Vidarbha Irrigation Development Corp. Thr. Its Executive Engineer, Amravati Irrigation Division v. Padmawatibai Wd/O Gangadhar Pitle (Dead) Through Lrs. Archana Ashokrao Joshi And 2 Others

2022-12-22Hon'Ble Shri Justice Avinash G. Gharote2 pages

15. CAF 2777 of 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.2777/2022 IN FIRST APPEAL NO.652/2017 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Amravati Irrigation Division, Amravati ...Versus...

Padmawatibai wd/o Gangadhar Pitle (Dead) through L.Rs. Archana Ashokrao Joshi and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri J.B. Kasat, Advocate for appellant Mrs. Nisha Burange, Advocate for respondent No.1 (1-i to 1-iv) Mrs. M.H. Deshmukh, AGP for respondent nos.2 and 3 CORAM : AVINASH G. GHAROTE, J.

DATE : 22/12/2022 1.

The civil application seeks withdrawal of the entire compensation amount deposited by the appellant. Though the same is opposed by Shri Kasat, learned counsel for the appellant, however, since there is no dispute regarding the property of the claimants having been acquired, 50% of the amount deposited with accrued interest is permitted to be withdrawn by the claimants, subject to the usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

15. CAF 2777 of 2022.odt 2.

In case the RTGS details are submitted, the amount be transferred to the accounts of the claimants. 3.

The civil application is accordingly allowed and disposed of. No order as to costs.

(AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR