Exe. Engineer, Chandrapur Medium Irrigation Project Divsn. No.1 v. Jahid Hussain Abid Hussain Biyabani And ANR

HIGH COURT LEGAL SERVICES SUB-COMMITTEE, NAGPUR BENCH, NAGPUR.

BEFORE THE NATIONAL LOK ADALAT.

FIRST APPEAL NO. 1059 of 2013 Executive Engineer, Irrigation Department, Washim -VERSUSJahid Hussain Abid Hussain Biyabani and others Counsel for the Appellant - Shri V.G. Palshikar, for the appellant.

Counsel for the Respondents-Shri Aditya Satpute, Advocate for Respondent No.1.

AGP for resp. no.2.

O R D E R.

Dated 08.12.2018.

The Appellant has tendered a Pursis today, which is marked as "X" for identification.

The instant Appeal is covered under the Govt. Resolutions dated 3 rd November, 2016 and 23rd February, 2017 and, therefore, the Appellant seeks permission to withdraw the Appeal.

The Appeal stands disposed of as withdrawn in terms of the Pursis [Exh.'X']. No costs.

The Respondent-claimant shall be entitled to withdraw the amount of compensation, if deposited in the Court, along with accrued interest. If the balance amount of compensation is to be paid, it be deposited within three months in the trial Court. If any part of amount deposited with Bank as per Court's order, claimant shall be entitled to withdraw the same.

The excess amount, if any, deposited by appellant to be determined by Executing Court and be repaid to appellant after hearing both the parties.

Court Fees, if any, be refunded to the Appellant as per Rule. Bank Guarantee, Surety, if any, furnished during withdrawal, shall stand discharged. [Adv. A.R. Patil], [G.M. Kubde], Retired P. D. J.

Member Member [Justice S. M. Modak], Judge *Deshmukh