Executive Engineer, (V.I.D.C.), Bembla Project Division, Yavatmal v. Ashok Waman Kumbharkahne And Others

1 913 caf 963-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.963/2022 IN FIRST APPEAL NO.1009/2007 The executive Engineer, Bembla Project, Vidarbha Irrigation Development Corporation, Yavatmal Vs.

Ashok Waman Kumbharkhane and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Malika Babhulkar, Adv. h/f Shri M.A. Kadu, Adv. for appellant Ms H.N. Jaipurkar, AGP for respondent Nos.2 & 3 CORAM :

SMT. M.S. Jawalkar , J.

DATED :

12/08/ Heard.

2.

By this application the applicant prayed for speaking to minutes. It is pointed out that present respondent No.1 allowed to withdraw the total amount deposited by the appellant. In fact, as per calculations placed on record by the pursis No.05/2022 the appellant is entitled to withdraw the amount of Rs.1,38,146/-.The total amount to which claimant is entitled i.e. Rs.10,03,657/-. He has already withdrawn the amount of Rs.8,65,511/-. The amount deposited by the appellant is Rs.11,54,015/- out of which the claimant is entitled for Rs.10,03,657/- and the appellant is therefore entitled for refund of amount of Rs.1,50,358/-.

3.

There is no dispute between appellant and respondent about this calculations.

2 913 caf 963-2022 4.

Accordingly, the order dated 24/03/2011 in Civil Application (CAF) NO.297/2022 is modified. Clause (3) of the order is substituted as follows: "(3) Since the appellant has already withdrawn the amount of Rs.8,65,511/- (Eight Lakh Sixty Five Thousand Five Hundred Eleven) out of the compensation for which applicant-respondent is entitled, the applicant-respondent is allowed to withdraw the amount of Rs.1,38,146/- (One Lakh Thirty Eight Thousand One Hundred Forty Six) (10,03,657 - 8,65,511) along with accrued interest and amount of Rs.1,50,358/- (One Lakh Fifty Thousand Three Hundred Fifty Eight) along with accrued interest to be refunded to the appellant herein"

5.

The Nazar to take appropriate steps.

6.

The application is disposed of accordingly.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE