Executive Eng. (Vidc) Lowar Wardha Project Division Wardha v. Kantilalji Maganlalji Mandviya And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAF] No. 1562 of 2016 IN First Appeal No. 99 of 2014 [Executive Engineer (VIDC) Vs. Kantilalji Manganlalji Mandviya, since dead through his Legal Heirs & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. Rohan Chandurkar, Adv., applicants - Respondent nos. 1 (a) to 1 (e).

Mr. V.G. Palshikar, Adv., for the appellant.

Mr. Kadu, AGP for respondent nos. 2 and 3.

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CORAM

:

R.K. DESHPANDE, J.

DATE :

29th April, 2016 Heard the learned counsels appearing for the parties.

By order dated 14th October, 2014 passed by this Court in this appeal, the claimant was permitted to withdraw fifty per cent of the amount upon furnishing an undertaking to the satisfaction of the Registrar [Judicial] of this Court, with an understanding that the entire amount withdrawn shall be refunded along with interest at the rate of six per cent per annum from the date of

withdrawal till its re-deposit, if the appeal succeeds. The balance fifty per cent was permitted to be withdrawn by the claimant upon furnishing a solvent security to the satisfaction of the Registrar [Judicial] of this Court and the same condition of refund with interest at the rate of six per cent is imposed.

This application is moved by the legal heirs of respondent no.1 - claimant for withdrawal of the amount.

In view of the fact that the sole claimant has expired, the applicants, who are legal representatives, are permitted to withdraw the amount in terms of the order dated 14th October, 2014.

Civil Application stands disposed of.

Judge |hedau|