Bombay High CourtCAF/1114/2018admittedallwdgrantedrule absolute

Executive Engineer, Minor Irrigation Division, Washim v. Suryabhan Hari Bhagat And Another

2018-03-26Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf1114.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1114 OF 2018 IN FIRST APPEAL NO. 1004 OF 2014 (EXE. ENGR. MINOR IRRIGATION DN. WASHIM...VS.. SURYABHAN HARI BHAGAT & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.N.Kukday, Advocate for Applicant/Appellant. Shri Piyush Girdekar, Adv. H/f. Shri Amol Darekar, Adv. for Resp. No.1. Shri M.A.Kadu, A.G.P. for Respondent No.2.

CORAM : Z.A.HAQ, J.

DATED : MARCH 26, 2018.

CIVIL APPLN.NO.1114/2018.

Considering the facts of the case, the respondent No.1/claimant is permitted to withdraw Rs.Five Lakhs from the amount deposited by the appellant with the Registry of this Court, on filing undertaking to the satisfaction of the Registrar (Judicial) of this Court, stating that in case at the time of hearing of the appeal it is found that the respondent No.1/claimant is not entitled for the amount withdrawn by him, he will re-deposit the amount with interest as may be determined by this Court, within three months. The balance amount be continued in fixed deposit till disposal of the appeal.

The civil application is allowed accordingly. No costs.

2 caf1114.18 FIRST APPEAL NO. 1004/2014.

The learned advocate for the appellant, learned advocate for the respondent No.1/claimant and the learned A.G.P. jointly request that the matter be placed before the National Lok Adalat scheduled on 14th April, 2018. Office to place the matter before National Lok Adalat at Nagpur, scheduled on th April, 2018 .

The authorized representatives of the appellant and respondent No.2 and the respondent No.1/ claimant shall remain present before the National Lok Adalat on 14th April, 2018 at 11.00 a.m.

JUDGE RRaut..