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Bombay High CourtCAF/1108/2021ca disposed off

V. I. D. C. Through Executive Engineer, Bembla Project Division, Yavatmal v. Ashok Pannalal Darda (Dead) Through Lrs. Saroj Ashok Darda And Others

2021-06-21Hon'Ble Shri Justice S.M. Modak2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (F) No.1108/2021 in First Appeal No.138/2021 VIDC V Ashok and others ******************************************************************************************************************* Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar's orders.

******************************************************************************************************************* Shri Amit Kukday, Adv for appellant.

Shri S.V. Ingole, Adv for resp. no.1.

Shri M.A. Kadu, AGP for resp. nos. 5 and 6.

CORAM : S.M. MODAK, J.

DATE : 21st JUNE, 2021.

Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2.

Earlier. the appellant has deposited Rs. 45,12,318/-. In spite of the said deposit, the claimant claims that still there is a deficit of Rs. 31,15,318/-. It is not acceptable to the appellant. According to them, the deposit is only of Rs. 12,17,131/-. Pursis to that effect is filed at Stamp No.7/2021. The appellant is depositing Rs. 12,17,131/-. Hence, the direction:- (a) Nazir is directed to accept the cheque of Rs. 12,17,131/-.

(b) The appellant is directed to file calculation in support of arrears of Rs. 12,17,131/-. only. 3.

Learned Advocate Shri Ingole for the claimant submitted that his client has submitted fresh calculation to

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2/2 the department and according to them there is arrears of only Rs.5,82,779/- This is after considering Rs. 12,17,131/-.

4.

The respondents also to submit their calculations in this Court.

5.

Civil Application is disposed of.

Civil Application (F) No.3925/2019 Stay granted by this Court on 13-12-2019 and on 29-01-2021 is continued till disposed of the appeal. 2.

Application is disposed of.

JUDGE Deshmukh