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Bombay High CourtCAF/1085/2022ca disposed off

Vidarbha Irrigation Development Corporation, Thro. Exe. Engineer, Bembla Project Division, Yavatmal v. Ramkrushna Pandurang Shirbate And Others

2022-09-06Hon'Ble Smt. Justice M. S. Jawalkar2 pages

910.CAF 1085.2022 in FA 437.2017111

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1085 OF 2022 IN FIRST APPEAL NO. 437 OF 2017 (Decided on 21/12/2018) Vidarbha Irrigation Development Corporation thr. Executive Engineer, Bembla Project Division, Yavatmal ...VERSUS...

Ramkrushna Pandurang Shirbhate and ors.

____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri J.B.Kasat, Advocate for appellant.

Shri R.D. Hajare, Advocate for respondent no. 1. Ms. T.H.Udeshi, Ass. G.P. for respondent nos. 2 and 3.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

th September , 2022.

The present application is not pressed by the learned counsel for respondent no. 1.

CIVIL APPLICATION (CAF) NO. 888 OF 2022 The present application is filed for direction to the appellant to file calculations of compensation amount and further grant of permission to withdraw the compensation amount as per the calculations. Accordingly, along with pursis bearing Stamp No. 04/2022, the appellant has filed calculations in respect of compensation amount.

2.

The same calculations are agreed by the learned counsel for the respondent no. 1. As per the calculations, the respondent no. 1 is entitled for Rs. 2,84,315/- along with accrued interest and the appellant is entitled to get refund the amount of Rs. 33,935/-.

910.CAF 1085.2022 in FA 437.2017222 3.

As such, Registry is directed to disburse the amount of Rs. 2,84,315/- to the respondent no. 1 along with accrued interest and the amount of Rs. 33,935/- along with proportionate interest be refunded to the appellant.

4.

Accordingly, the application stands disposed of. (Smt. M.S. Jawalkar, J.) B.T.Khapekar