Superintending Engineer, Lower Wardha Project Division, Through Executive Engineer v. Vinayak Domaji Ingole And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAF] No.1014 of 2017 IN First Appeal St. No.9875 of 2014 [Superintending Engineer, Lowr Wardha Project, VIDC Vs. Vinayak Domaji Ingle & others] ______________________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. S.S. Godbole, adv., for the applicant.

Mr. S.D. Chopde, Adv., for respondent no.1.

Mr. Kadu, AGP for respondent nos. 2 to 4.

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CORAM

:

A. S. CHANDURKAR, J.

DATE :

01st March, 2017 Considering reasons mentioned in the application and as the prayer is not opposed by learned counsel for the claimant, delay in filing the appeal stands condoned. Civil Application is allowed and disposed of. -0-0-0First Appeal St. No. 9875 of 2014 :

Heard.

Admit. Call for Record & Proceedings.

Shri S.D. Chopde, learned counsel, waives notice on behalf of respondent no.1, and Shri Kadu, learned Asstt. Govt. Pleader for respondent no.2 to 4.

Appellant to file paper-book within a period of six months from today.

-0-0-0Civil Appln. No. 1015 of 2014 :

As the entire amount of compensation has been deposited in this Court, the execution of the impugned Award shall remain stayed during pendency of the appeal.

Civil Application is disposed of.

-0-0-0Civil Appln. No. 2064 of 2016 :

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

Considering the nature of evidence on record, the claimant is permitted to withdraw amount of Rs.10,00,000-00 [rupees ten lakhs only] on filing an undertaking that in case the appeal is allowed, the said amount shall be repaid with interest at such rate the Court may direct. Further amount of Rs. 10,00,000-00 is permitted to be withdrawn on furnishing solvent surety to the satisfaction of the Registrar [Judicial}. Remaining

amount shall be invested in a Fixed Deposit.

Civil Application is disposed of.

Judge ||hedau|