Executive Engineer, Zilla Parishad, Irrigation Division, Yavatmal v. Maroti S/O Kanha Rathod And 2 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAF] No. 1712 of 2016 IN First Appeal No. 546 of 2015 [Executive Engineer, Zilla Parishad Irrigation Division, Yavatmal Vs. Maroti Kanha Rathod & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. V. N. Patre, Adv., for applicants - respondent no. 1. Mr. D.A. Sonwane, Adv., for appellant.

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CORAM

:

A.S. CHANDURKAR, J.

DATE :

07th October, 2016 The claimant seeks modification of order dated 24th August, 2015 and seeks permission to withdraw fifty per cent of the amount deposited on furnishing solvent security.

In the application, it is stated that it has not been possible for him to arrange solvent surety for fifty per cent of the amount deposited. It is, therefore, prayed that in addition to solvent surety, he be permitted to withdraw said amount by furnishing solvent security. The application is opposed by learned counsel for the appellant on the ground that the compensation awarded is on the higher side.

The order granting permission to withdraw the amount of compensation was passed after hearing both sides. Considering averments made in the application, the claimant is permitted to withdraw the remaining fifty per cent amount on furnishing solvent security, in addition to solvent surety, as directed. Order stands modified accordingly.

Civil Application is disposed of.

Judge |hedau| C E R T I F I C A T E original signed Judgment/Order.

Uploaded by : R.B. Hedau, Uploaded on : 07th Oct., 2016 Pvt. Secretary.

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