Savandaji Ananda Doifode (Dead) Through Lrs. Badri S/O Savandaji Doifode And Others v. The Executive Engineer, Khadakpurna Prakalp, Deulgaon Raja And Another

1509 FA 940-2017 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL No. 940/2017 (EXE. ENGINEER, KHADKPURNA PROJECT DIVISION, DISTT. BULDHANA -vs- SAUNDAJI ANANDA DOIFODE (DEAD) BADRI SAUNDAJI DOIFODE 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 J.B. Kasat, counsel for appellant.

Shri B.N. Palve, counsel for respondent nos.1A to 1G. Ms. R.V. Kalia, AGP for respondent no.2.

CORAM: S.B. SHUKRE, J.

DATE : SEPTEMBER 15, 2017.

Heard.

ADMIT. Call for Record and Proceedings.

Shri Palve, learned counsel, waives for the respondent no.1A to 1G on merits. Learned AGP R.V. Kalia waives for the respondent no.2.

C.A.F. No. 259/2017.

Heard. Appeal is admitted. Entire amount has been deposited before the executing court. Interim stay granted earlier by the order dated 23/11/2016 is continued till final disposal of the appeal.

Application is disposed of.

C.A.F. No. 2990/2017.

Heard.

Perused the impugned award and memo of appeal, I am of the view that this application can be

1509 FA 940-2017 2/2 conditionally allowed and it is allowed accordingly. The claimants are permitted to withdraw 50% of the amount deposited before the executing court, on their furnishing usual undertaking and remaining 50% of the amount on their furnishing solvent surety to the satisfaction of the learned Registrar. Both to be furnished within six months from the date of the order. Application is disposed of.

JUDGE Yenurkar