Bombay High CourtCAF/1306/2016admittedallwdgrantedrule absolute

The Executive Engineer, Khadakpurna Project Division, V.I.D.C. Deulgaon Raja v. Rajendra Bhaulal Dungarwal And 2 Others

2016-10-03Hon'Ble Shri Justice Z.A. Haq4 pages

1 caf1306.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF)) NO.1306/2016 IN FIRST APPEAL STAMP NO.9373/2015 The Executive Engineer, Khadakpurna Project Division, V.I.D.C., Deulgaon-Raja ..Vs..

Rajendra Bhaulal Dungarwal and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : 3.10.2016.

Heard Shri S.S. Godbole, Advocate for the appellant, Shri S.D. Chopde, Advocate for respondent No.1 and Shri M.A. Kadu, A.G.P. for respondent Nos.2 and 3. Accepting the reasons stated in the application, which are not controverted, the delay of 279 days in filing appeal is condoned. The civil application is allowed. FIRST APPEAL STAMP NO.9373/2015 Taken up for admission on hearing.

ADMIT.

Call R & P.

As the appellant will be filing private paper book in connected First Appeal Stamp No.9820/2015, the filing of private paper book is dispensed with in this appeal on condition that the appellant shall supply the copy of paper book to the respondents in this appeal.

2 caf1306.16 .

Shri S.D. Chopde, Advocate waives notice for respondent No.1.

Shri M.A. Kadu, A.G.P. waives notice for respondent Nos.2 and 3.

C.A.F. NO.1307/2016 & C.A.O. NO.1768/2016 The appellant has deposited Rs.2,34,025/- and undertakes to deposit the balance amount i.e. more than Rs.27 Lakhs within two weeks.

If the amount is deposited within two weeks, the interim order granted on 26th February, 2016 shall continue till the disposal of appeal. The civil applications are disposed accordingly.

Considering the order passed in connected First Appeal Stamp No.9771/2015 in which this Court has permitted the claimants to withdraw Rs.10,00,000/- out of Rs.12,00,000/- deposited by the appellant, the respondent No.1/claimant in the present case is permitted to withdraw Rs.12,00,000/- on furnishing solvent surety/security to the satisfaction of Registrar (J.) of this Court and further amount of Rs.12,00,000/- be given to the respondent No.1/claimant on filing an undertaking before the Registrar (J.) of this Court that in case it is found that respondent No.1/claimant is not entitled for the amount withdrawn by him, he shall re-deposit

3 caf1306.16 the amount with interest as may be determined by this Court within two months.

The balance amount be kept in fixed deposit in nationalized bank till the disposal of appeal. JUDGE Tambaskar.

4 caf1306.16 CERTIFICATE original signed Judgment/Order".

Uploaded By : N.V. Tambaskar.

Uploaded On : 4.10.2016.

Personal Assistant.