V. I. D. C., Through Its Executive Engineer, Lower Wardha Project Division, Wardha v. Sahebrao Pundalikrao Shende And Others

1 caf1264.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO.1264 OF 2016 IN FIRST APPEAL NO.268 OF 2016 (Vidarbha Irrigation Development Corporation, Wardha ..vs.. Sahebrao Pundlikrao Shende and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri J.B. Kasat, Advocate for the appellant, Shri M.B. Agasti, Advocate for the respondent Nos.1 to 3, Smt. A.R. Kulkarni, A.G.P. for the respondent Nos.4 and 5. CORAM : Z.A. HAQ, J.

DATED : 18-01-2017 Considering the facts of the case, the respondent Nos.1 to 3/claimants are permitted to withdraw 50% of the amount deposited by the appellant/Corporation on furnishing solvent surety/security to the satisfaction of Registrar (Judicial) of this Court.

The balance 50% amount shall be given to the respondent Nos.1 to 3/claimants on filing an undertaking by all the three claimants before the Registrar (Judicial) of this Court stating that in case this Court concludes that the respondent Nos.1 to 3/ claimants are not entitled for the amount withdrawn by them, they will redeposit it with interest as may be determined by this Court, within two months from the date of order.

2 caf1264.16 The civil application is allowed in the above terms.

JUDGE adgokar