Executive Engineer, Minor Irrigation Division, Washim v. Rameshwar S/O Narayan Jagtap And 2 Others

FA464.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

First Appeal No.464/2014 VIDC through Executive Engineer, Minor Irrigation Division, Washim Vs.

Rameshwar s/o Narayan Jagtap & ors.

__________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri V.G.Palshikar, Advocate for appellant.

Shri S.D.Chande, Advocate for respondent no.1 Shri A.D.Sonak, AGP for respondent nos. 2 and 3. CORAM : N.W.SAMBRE , J .

DATE :

MARCH 30, 201 CAF No.1586/2017 Heard.

I my opinion, the claimants are entitled to withdraw the amount on following terms :

i) 50% of the amount as ordered by the reference Court is permitted to be withdrawn upon furnishing an usual undertaking that in case the appeal is allowed, the claimants shall redeposit the amount with interest @12% per annum within a period of 10 weeks from the date of such judgment.

ii) Balance 50% is permitted to be withdrawn upon furnishing solvent surety to that effect. The application stands disposed of on above terms.

JUDGE Andurkar..