Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Bembla Project, Yavatmal And Another v. Dhiraj Dnyaneshwarrao Junghare And Others

8-CAF 1213-23 in FA 646-19(D).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.

OF 20 IN FIRST APPEAL NO. 646 OF 2019 (D) VIDARBHA IRRIGATION DEVELOPMENT CORP. THR. EXE. ENGINEER, BEMBLA PROJECT, YAVATMAL AND ANR. ...VERSUS...

DHIRAJ DNYANESHWARRAO JUNGHARE AND ORS.

____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms. Mallika Babhulkar, Advocate h/f. Shri M.A.Kadu, Advocate for appellants. Shri Mohit Dube, Advocate h/f. Shri A.B.Nakshane, Advocate for respondent no. 1/ applicant.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

th JU LY , 2023 The First Appeal (St.) No. 7073/2018 subsequently registered as First Appeal No. 646/2019, which came to be disposed of vide judgment and order dated 02/04/2019. In view thereof, the appellants have submitted their calculations vide Pursis (Stamp) No. 04/2023 dated 03/05/2023. There is no dispute over the calculations.

2.

The present application is filed for grant of permission to withdraw the amount of Rs. 2,61,314/- along with accrued interest. As per calculations of the appellants, the respondent no. 1/claimant is entitled for the said amount and the appellants have claimed for refund of Rs. 15,381/-, which was paid for the compensation. As the appeal is disposed of, I do not see any impediment in allowing the present application. As such, the application is allowed.

8-CAF 1213-23 in FA 646-19(D).odt 3.

The respondent no. 1/claimant is hereby permitted to withdraw the amount of Rs. 2,61,314/- along with accrued interest thereon, on due verification and identification. 4.

The remaining amount of Rs. 15,381/- be refunded to the appellants along with accrued interest thereon. 5.

Accordingly, the application stands disposed of. (Smt. M.S. Jawalkar, J.) B.T.Khapekar