Executive Engineer, Bembla Project Canal Division, Yavatmal v. Keshav Mahadev Onkar And Others
fa.77.20 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR Civil Application [CAF] No.3287 of 2019 in First Appeal No.77 of 2020 Executive Engineer, Bembla Dam Project Canel Division, Yavatmal vs.
Keshav Mahadev Onkar & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mrs. I.P. Khisti, Advocate for the Applicant-Appellant. Shri P.M. Pande, Advocate for Respondent No.1. Shri M.A. Kadu, A.G.P. for Respondent Nos.2 & 3.
CORAM
: SMT. ANUJA PRABHUDESSAI, J.
DATE : 8 th FEBRUARY, 2021.
Learned Counsel for the applicant states that the entire amount of compensation has been deposited before the Reference Court.
In view of the said statement, the execution and implementation of the impugned judgment and award is stayed till final disposal of the appeal. The application stands disposed of.
Civil Application [CAF] No.197/2021 :
Respondent No.1 has filed this application for withdrawal of the compensation deposited by the appellant in compliance with the impugned judgment and award of the Reference Court.
I have perused the application as well as the evidence on record. Considering the reasons stated in the application as well as the grounds raised in the
fa.77.20 2/2 first appeal, respondent No.1 is permitted to withdraw 75% of the amount of compensation. 50% of the compensation shall be paid without any undertaking and balance 25% of the compensation shall be paid on furnishing usual undertaking before the Registrar (Judicial).
The application stands disposed of.
First Appeal No.77/2020:
Heard.
Admit.
Call for records and proceedings.
Private paper-book to be filed within a period of six months.
Shri P.M. Pande, learned Counsel waives service of notice for respondent No.1 and Shri M.A. Kadu, learned A.G.P. waives for respondent Nos.2 & 3. JUDGE *sandesh