Vidarbha Irrigation Devp. Corporation, Thr. Executive Engineer, Yavatmal Project Construction Div. v. Parashram Somla Rathod And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR CAF No. 2943 of 2016 In FA (St) No. 8594/2016 VIDC Parashram and ors Shri V. G. Palshikar, Advocate for appellant Shri A. B. Nakshane, Advocate for respondents 1, 2 Shri Harshal Dube, AGP for respondents 3, 4 Coram : S. B. Shukre, J Dated : 24th November 2017 P.C.

Heard. For the reasons stated in the application, delay caused in filing the appeal is condoned. Disposed of. Appeal be registered. FA (St) No. 8594/2016 : Heard. Admit. Call for Record and Proceedings. Shri A. B. Nakshane, learned counsel waives notice for respondents 1 and 2 while Shri Harshal Dube, learned AGP waives notice for respondents no. 3 and 4. CAF No. 4502 of 2017 : Heard. Perused the impugned judgment and order as also the grounds taken in memo of appeal. I am of the view that this application can be allowed conditionally and it is allowed accordingly. Respondents no. 1 and 2 (original claimants) are permitted to withdraw 75% of the amount deposited in this Court on their furnishing usual undertaking to the satisfaction of learned Registrar

(Judicial). Remaining 25% of the amount deposited in this Court shall be invested in Fixed Deposit Account with any nationalised bank as per rules. Disposed of. JUDGE joshi