Bombay High CourtCAF/1335/2021ca disposed off

Vidarbha Irrigation Development Corp. Through Exe. Engineer, Bembla Project, Yavatmal v. Babarao Panjabrao Wankhade Thr. Lrs. Smt. Vimala Babarao Wankhade And Others

2021-07-14Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

26CAF 1335.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO. 1335 OF 2021 IN CIVIL APPLICATION NO. 101 OF 2021 IN FIRST APPEAL NO. 269 OF 2021 (V.I.D.C. Vs. Babarao Panjabrao Wankhade (dead) thr. LRs Smt. Vimala Babarao Wankhade & Ors. & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri A.M. Kukday, Advocate for the appellant. Ms. V.S. Mohod, Advocate for the applicants/ respondent Nos. 1 to 7.

Shri M.A. Kadu, A.G.P. for respondent Nos. 8 and 9. .....

CORAM : PUSHPA V. GANEDIWALA, J.

JULY 14, 2021.

Heard.

2] This is an application seeking relaxation in condition of furnishing solvent surety to withdraw 25% amount of compensation.

3] This Court on 24/02/2021, while disposing of Civil Application (F) No. 101/2021, had passed the following order :

"XXXX CIVIL APPLICATION (CAF) NO. 101/2021 4.

The Respondents Nos. 1 to 6 who are original claimant have filed this application to withdraw the amount deposited by the appellant - acquiring body.

26CAF 1335.2021 5.

Having considered the reasons stated in the impugned judgment and the grounds raised in the appeal memo, the respondent Nos. 1 to 6 are permitted to withdraw 50% amount of the compensation on giving usual undertaking before the Registrar (Judicial) and 25% amount of compensation on furnishing solvent surety. 6.

Application stands disposed of.

XXXX"

4] Ms. Mohod, learned counsel for the applicants, submits that it becomes very difficult for the applicants to furnish solvent surety, as they are cultivators, and undertaking soil operation by taking loan.

5] In the given facts, the condition to furnish solvent surety for 25% of the compensation is relaxed and the applicants are permitted to withdraw 25% amount of compensation also by furnishing usual undertaking.

6] Civil Application stands disposed of accordingly.

JUDGE Sumit