V.I.D.C. Nagpur Thr. Exe. Engineer, Medium And Minor Irrigation Sub-Division No. 2, Achalpur And An v. Gunwantrao Kashiraoji Burghate And Others

18 ca 1600-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 1600/2022 IN FIRST APPEAL NO.478/2021 Vidarbha Irrigation Development Corporation, Nagpur through its Executive Engineer and another Vs.

Gunwantrao S/o Kashiraoji Burghate and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri V.V. Dahat, Advocate for appellant Shri R.J. Shinde, Advocate for respondent No.1 Shri S.A. Ashirgade, Addl.G.P. for respondent Nos.2 & 3 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 20/07/2022 Present application is filed for modification of order dated 19/04/2022. It appears that this Court vide order dated 21/08/2021 in Civil Application No. 1549/2021 allowed to withdraw 75% of the decreetal amount along with interest on furnishing usual undertaking. The claimants again moved application for withdrawal of remaining amount. Vide application No.897/2022, wherein it was prayed to allow them to withdraw the balance amount deposited in this Court as well as principle amount of Rs.4,35,235/- deposited by the appellant herein with the Reference Court i.e. Civil Judge, Senior Division, Achalpur. On 19/04/2022 the said

18 ca 1600-2022.odt application came to be disposed of and 50% of the compensation amount with accrued interest was allowed to be withdrawn. It is the contention of the applicant that 50% is error, it ought be 25% as 75% is already withdrawn.

2.

I have perused the order and copy of application produced by claimant of Civil Application No.897/2022. If prayer in the application is perused it is for withdrawal of balance amount. However, Court granted permission to withdraw 50% of the amount.

3.

In view thereof, order is only in respect of balance amount lying in the Court. Hence, no modification is required therein.

The respondent/claimants are entitled to withdraw 50% of balance amount deposited in this Court 4.

The application is rejected. The applicant is entitled as per 19/04/2022, 50% of balance amount. (SMT. M.S. JAWALKAR, J.) Jayashree..

Signed By:JAYASHREE SHARAD SHINGNE