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Bombay High CourtCAF/1267/2014dispossed offdismiss for default

Vidarbha Irrigation Development Cor. Thr. Its Executive Engineer, Lower Wardha Project Division v. Kailash Krushnaraoji Ajmire And Others

2015-03-30Hon'Ble Shri Justice A.S. Chandurkar1 pages

15-CAF-1267-14 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.1267 OF 2014 IN FIRST APPEAL NO.1395 OF 2013 Vidarbha Irrigation Development Corporation, Thr. Its Executive Engineer, Wardha. -vsKailash Krushnaraoji Ajmire & Ors.

--------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------------------------------------------- Shri V. G. Palshikar, Advocate for appellant. Shri S. D. Dharaskar, Advocate for respondent No.1. Shri H. D. Dubey, AGP for respondent Nos.2 and 3. CORAM : A.S.CHANDURKAR, J.

DATE : MARCH 30, 2015 Prayer is to permit respondent No.1 to withdraw sum of Rs.32,05,808/- deposited by the appellant. Reason assigned is in respect of absence of any source of income.

The application is opposed by the learned counsel for the appellant on the ground that compensation that was awarded by the Land Acquisition Officer @ Rs.75,900/- per hectare has been enhanced to Rs.20,00,000/- per hectare. Considering the reasons assigned in the judgment, respondent No.1 is permitted to withdraw sum of Rs.10,00,000/- (Rupees Ten lacs) subject to furnishing undertaking that in case the appeal is allowed, he shall repay the aforesaid amount with interest at such rate the Court may direct. C.A. is disposed of.

C.A.F. No.2178 of 2013.

As the appellant has deposited the decreetal amount in terms of order dated 02/09/2013, the ad-interim order granted stands confirmed. C. A. is disposed of.

JUDGE