Executive Engineer Purna Project Achalpur Amravati v. Khemchand S/O Asanandji Khandujha Dead Thr Lrs Smt Prioyadarshan Wd/O Khemchand Khanduja And Others

2caf 1326.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAF) No. 1326/2021 IN Civil Application (CAF) No. 4437/2019 (D) IN First Appeal (FA) No. 856/2019 Executive Engineer, Purna Project ..VS..

Khemchand s/o Asananadji Khandujha (Dead) through LRs. and ors. ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Mrs. P.P. Chobe, Advocate for the appellant.

Shri S.N. Chikhale h/f. Shri P.S. Patil, Advocates for the applicants/respondent nos. 1a, 1b, 2, 3, 4a, 4c, 4d and 5 Shri A.M. Deshpande, AGP for the respondent nos. 6 and 7/State CORAM : VINAY JOSHI, J.

DATED : 20/08/2021 The applicants seek clarification regarding the order of this Court dated 13.12.2019 passed in Civil Application (CAF) No. 4437/2019. While permitting the claimants/applicants to withdraw the partial compensation amount, this Court had permitted the claimants/applicants to withdraw 50% of amount on usual undertaking and 25% amount on furnishing "solvent surety" to that extent. It is submitted that due to employing the words "solvent surety", the then concerned official is not accepting "solvent security". SMGate

2caf 1326.2021.odt 2.

The intention behind the order is to obtain certain security for the payment. In order to facilitate the claimants/applicants to get released 25% amount of compensation suitable modification can be done. The order dated 13.12.2019, passed in Civil Application (CAF) No. 4437/2019, be complied by obtaining "solvent security" instead of "solvent surety".

3.

Accordingly, the application is disposed of.

JUDGE SMGate