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Bombay High CourtCAF/1451/2016admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corporation, Through Its Executive Engineer, Wardha v. Bhagwant Mahadeo Gulhane And 2 Others

2016-10-14Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf2599.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (C.A.F.) NO.2599/2016 IN FIRST APPEAL NO.220/2016 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Lower Wardha Project Division, Wardha ..Vs..

Bhagwant Mahadeo Gulhane and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : 14.10.2016.

Heard Shri S.K. Bhoyar, Advocate for the appellant, Shri S.D. Chopde, Advocate for respondent No.1 and Shri M.A. Kadu, A.G.P. for respondent Nos.2 and 3. Advocate for the appellant states that the amount will be deposited within two weeks.

If the amount is deposited within two weeks, the interim order granted on 8th December, 2015 shall continue till the disposal of appeal. The civil application is allowed accordingly.

C.A.F. NO.1451/2016 Heard.

Considering the facts of the case, the respondent No.1/claimant be given Rs.10,00,000/- (Rs. Ten Lakhs Only) on furnishing undertaking that if it is found that the claimant

2 caf2599.16 is not entitled for the amount withdrawn by him, the amount will be re-deposited with interest as may be determined by this Court, within two months. The balance amount be kept in fixed deposit in nationalized bank. The civil application is allowed in the above terms.

JUDGE Tambaskar.