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Bombay High CourtCAF/1374/2018admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corporation, Through Its Executive Engineer, Yavatmal v. Babarao Namdevrao Raut And 2 Others

2019-01-22Hon'Ble Shri Justice A.S. Chandurkar2 pages

920-FA-436-15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.1151 OF 2018 IN FIRST APPEAL ST. NO.6288 OF 2012 V.I.D.C. Thr. Executive Engineer, Bembla Project Division -vs- Babarao Namdeorao Raut (since dead) Thr. LR Digambar Babarao Raut and ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri Vinay Dahat, Advocate for appellant.

Shri V. D. Darne, Advocate for respondent Nos.1(i to vi) Shri M. A.Kadu, AGP for respondent Nos.2 and 3. CORAM : A.S.CHANDURKAR, J.

DATE : January 22, 2019 By this application it is prayed that the claimants be permitted to withdraw the amount of compensation as deposited.

Perused the impugned judgment and heard the learned counsel. Considering the nature of evidence on record the claimants are permitted to withdraw 75% of the amount deposited subject to filing an undertaking within eight weeks that in case the appeal is allowed, said amount shall be repaid with interest at such rate the Court may direct. The balance 25% amount is permitted to be withdrawn subject to furnishing solvent surety/security to the satisfaction of the Registrar (Judicial). Civil application is allowed and disposed of. ..2/-

920-FA-436-15 2/2 Civil Application (CAF) No.1374 of 2018 The time to file private paper-book is extended by period of six weeks by way of last chance.

Civil Application is disposed of.

JUDGE Asmita