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Bombay High CourtCAF/2637/2021ca disposed off

V.I.D.C. Thr. Executive Engineer, Lower Wardha Canal Division, Wardha v. Ramdas S/O Suryabhan Savale And Others

2022-01-13Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

1 61 fa 37-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO. 37 OF 2022 VIDC, through The Executive Engineer, Wardha, Tq. And Distt. Wardha ..vs..

Ramdas S/o Suryabhan Savale and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri H.D. Marathe, Advocate for appellant Shri Y.S. Bangale, Advocate h/f Shri Anup Dhore, Advocate for respondent No.1 Shri H.D. Dubey, AGP for respondent Nos. 2 & 3 CORAM :

SMT. ANUJA PRABHUDESSAI , J.

DATED :

13/01/ Heard.

2.

Admit.

3.

Call for record and proceedings.

4.

Paper book to be filed within six months.

5.

Shri Bangale, learned Counsel waives service of notice for respondent no. 1 6.

Shri Dubey, learned A.G.P. waives service of notice for respondent nos. 2 and 3.

CIVIL APPLICATION (CAF) NO. 2349/2019 Learned Counsel for the appellant states the entire amount of compensation has been deposited. 2.

In the light of the said statement, execution

2 61 fa 37-2022 and implementation of the impugned judgment is stayed till disposal of the appeal.

CIVIL APPLICATION (CAF) NO. 2637/2021 By this application, the applicant has sought withdrawal of the compensation deposited by the appellant. Having considered the reasons stated in the impugned judgment and award and the reasons stated in the application, the applicant is permitted to withdraw 50% of the compensation with accrued interest, subject to the condition that the same shall be refunded with interest, in the event the appellant succeeds in the appeal.

2.

Application stands disposed of.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE