Vidarbha Irrigation Development Corporation Through Its Executive Eingineer v. Shaukat Ali Syed Abdulla (Dead) Through Lrs Ashaf Ali Shaukat Ali And 8 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT NAGPUR CIVIL APPLICATION NO.1712 OF 2017 IN FIRST APPEAL ST.NO.18101 OF 2013 Vidarbha Irrigation Development Corporation through its Executive Engineer, Lower Wardha project, Division Wardha, Dist. Wardha ..Applicant

Versus

Shaukat Ali Syed Abdulla (Dead), through L.Rs. Ashaf Ali Shaukat Ali and ors.

..Respondents Mr Anoop Parihar, Advocate for applicant-acquiring body Mr V.N. Patre, Advocate for respondents no.1 to 7 Mr M.A. Kadu, A.G.P. for respondents no.8 and 9 CORAM : N.W. SAMBRE, J.

DATE : 13th April 2017 PER COURT 1.

Prayer is to permit the claimants/respondents no.1 to 7 to withdraw the amount of compensation deposited by the appellant. 2.

Perused the impugned judgment, in which reference has been made to sale instance dated 7.3.1998. In view of aforesaid, the claimants/respondents no.1 to 7 are permitted to withdraw 50% of the amount of compensation deposited on filing an undertaking that in case the appeal is allowed, the said amount shall be repaid with interest at such rate the Court may direct.

3.

Remaining 50% amount is permitted to be withdrawn on furnishing solvent surety to the satisfaction of the Registrar (Judicial). 4.

Civil Application stands allowed accordingly. ( N.W. SAMBRE, J.) vvr