Executive Engineer, Lower Wardha Project, Wardha v. Sanjay Natthoba Malankar And Others

1975.17ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR CIVIL APPLICATION NO. 1975 OF 2017 IN FIRST APPEAL NO. 319 OF 2017 Executive Engineer Lower Wardha Project Division, Wardha ..APPELLANT

VERSUS

Sanjay Natthoba Malankar & ors ..RESPONDENTS Mr Anoop Parihar, Advocate for appellant;

Mr C.R. Najbile, Advocate for respondent No.1; Mr M.A. Kadu, A.G.P. for respondent Nos. 2 & 3 CORAM : N.W. SAMBRE, J.

DATE : 3rd MAY, 2017 ORAL ORDER :

Heard. The claimant seeks permission to withdraw the amount of compensation deposited by the appellant.

2.

Perused the impugned award.

3.

The claimant is permitted to withdraw 50% of the amount deposited on filing undertaking that in case the appeal is allowed, the amount withdrawn

1975.17ca (2) shall be refunded with interest at such rate the Court may direct.

4.

The remaining amount be permitted to be withdrawn subject to furnishing solvent surety/security to the satisfaction of the Registrar (Judicial).

5.

The application is allowed and disposed of.

(N.W. SAMBRE, J.) Tupe