Executive Engineer, Minor Irrigation Division, Washim v. Shamrao Sadashiv Thakare And Others

1 caf1425.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO.1425 OF 2016 IN FIRST APPEAL NO. 183 OF 2016 (Executive Engineer, Minor Irrigation Division, Washim ..vs.. Shamrao Sadashiv Thakre and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.G. Palshikar, Advocate for the appellant, Shri J.B. Gandhi, Advocate for the respondent No.1, Smt. Mrunal S. Naik, A.G.P. for the respondent Nos.2 and 3. CORAM : Z.A. HAQ, J.

DATED : 18-01-2017 The learned Advocates for the respondent No.1/claimant and the appellant/Corporation state that in First Appeal No.1024/2015 in which the challenges are same and in the present appeal and which appeal arises out of the proceedings in respect of acquisition of land for the same project, this Court has passed an order permitting the claimant in that appeal to withdraw 75% of the amount on furnishing undertaking.

Accepting the submission, the respondent No.1/claimant is permitted to withdraw 75% of the amount deposited by the appellant/Corporation, on submitting an undertaking to the Registrar (Judicial) of this Court stating that in case this Court concludes that the respondent No.1/claimant is not entitled for the amount withdrawn by him, he will redeposit it with

2 caf1425.16 interest as may be determined by this Court within two months from the date of order.

The civil application is allowed in the above terms.

JUDGE adgokar