Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Minor Irrigation Division, Wardha And ANR v. Krishna Pandurangji Dhakulkar And Another

21. CAF 1379.2022 in FA 702.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO. 1379 OF 2022 IN FIRST APPEAL NO. 702 OF 2021 V.I.D.C. thr. its Executive Engineer, Minor Irrigation Division, Wardha and another ...VERSUS...

Krishna Pandurangji Dhakulkar and another ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri Vinay V. Dahat, Advocate for applicants/appellants. Shri Chaitanya R. Najbile, Advocate for respondent no. 1. Shri N.R. Patil, A.G.P. for respondent no. 2.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

th JUNE , 2022.

The present application is filed by the applicant/respondent no. 1 for withdrawal of the compensation amount deposited by the appellants.

2.

It is pointed out that in connected matter i.e. First Appeal No. 332/2022, this Court has allowed withdrawal of 50% amount out of entire decreetal amount. It is informed by the learned counsel for the appellants that the appellants have deposited Rs. 29,55,997/- as per award of Reference Court and an amount of interest component to the tune of Rs. 48,38,376/- is deposited in this Court.

3.

Considering the reasons stated in the application, the applicant/respondent no. 1 is permitted to withdraw 50% amount

21. CAF 1379.2022 in FA 702.2021 which is deposited, alongwith interest accrued thereon, subject to the undertaking to the satisfaction of Registrar that if the appellants succeed in the appeal, he will refund the amount as per the order on conclusion of First Appeal.

4.

The application is disposed of.

(Smt. M.S. Jawalkar, J.) B.T.Khapekar