Executive Engineer Lower Wardha Porject Wardha v. Mahadeo Marotrao Raut And Others

C.A.No.574/2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT NAGPUR CIVIL APPLICATION NO.574 OF 2017 IN CIVIL APPLICATION NO.1773 OF 2017 IN FIRST APPEAL ST.NO.16270 OF 2016 Executive Engineer, Lower Wardha Project, Wardha ..Appellant

Versus

Mahadeo Marotrao Raut and ors.

..Respondents Mr Anoop Parihar, Advocate for appellant Mr C.R. Najbile and Mrs Shruti Najbile, Advocates for respondent no.1 Mr M.A. Kadu, A.G.P. for respondents no.2 and 3 CORAM : N.W. SAMBRE, J.

DATE : 26th April 2017 PER COURT Heard.

2.

The claimant seeks permission to withdraw the amount of compensation deposited by the appellant.

3.

Perused the impugned award.

4.

The claimant is permitted to withdraw 50% of the amount deposited on filing undertaking that in case the appeal is allowed, the amount withdrawn shall be refunded with interest at such rate the Court may direct.

5.

The remaining amount be pemitted to be withdrawn subject to furnishing solvent surety/security to the satisfaction of the Registrar (Judicial).

C.A.No.574/2017 6.

Civil Application is allowed in above terms.

( N.W. SAMBRE, J.) vvr