Executive Engineer, Bembla Project Division, Yavatmal v. Madhukar S/O Bhimrao Pawar And 2 Others

1494.17ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR CIVIL APPLICATION (F) NO.1494 OF 2017 IN FIRST APPEAL NO. 672 OF 2016 The Executive Engineer, Bemba Project Division, Yavatmal, Tah. & Dist. Yavatmal.

..APPELLANT

VERSUS

Shri Madhukar Bhimrao Pawar, Aged about Major, R/o. Kopra Tah. Babhulgaon, Distt. Yavatmal & ors ..RESPONDENTS Mr V.G. Palshikar, Advocate for appellant;

Mr M.P. Kariya, Advocate for respondent No.1; Mr A.D. Sanak, A.G.P. for respondent Nos. 2 and 3 CORAM : N.W. SAMBRE, J.

DATE : 29th MARCH, 2017 ORAL ORDER :

Having heard respective Counsel, the application for withdrawal of amount, in my opinion, needs to be allowed on following terms : The claimant - land owner is permitted to withdraw the amount to the extent of 75% of the amount deposited by furnishing undertaking that in case the appeal is allowed, said amount shall be

1494.17ca (2) repaid with interest at such rate the Court may direct and remaining amount to the extent of 25% is permitted to withdraw upon furnishing solvent surety to the satisfaction of the Registrar (Judicial).

2.

Civil Application stands allowed in above terms and disposed of.

(N.W. SAMBRE, J.) Tupe