Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Bembla Canal Div., Yavatmal v. Bandish Rambhau Pimpare And Others

26CAF 1729.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO. 1729 OF 2021 IN FIRST APPEAL NO. 1680 OF 2019 (Vidarbha Irrigation Development Corporation Vs. Bandish s/o Rambhau Pimpare & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri Y.J. Chandurkar, Advocate h/f Shri J.J.

Chandurkar, Advocate for the appellant.

Shri S.V. Ingole, Advocate for respondent No.1. Ms. Shamsi Haider, A.G.P. for respondent Nos.2 and 3.

.....

CORAM : PUSHPA V. GANEDIWALA, J.

SEPTEMBER 01, 2021.

Heard.

2] This is an application filed on behalf of the applicant/ respondent No.1 seeking withdrawal of the entire decreetal amount deposited by the appellant.

3] It is stated that the appellant has deposited an amount of Rs.9,36,791/- with the Registry of this Court vide Pursis St. No. 11715/2019 dated 28/08/2019.

4] I have perused the impugned judgment and award and the reasons mentioned in the application.

26CAF 1729.2021 5] It is stated that respondent No.1/ claimant has already withdrawn principal amount towards compensation from the Reference Court. 6] Given the aforesaid submissions, so also considering the amount involved, respondent No.1/ claimant is permitted to withdraw 50% of the decreetal amount (Rs.9,36,791/-) with interest accrued thereon on furnishing usual undertaking before the Registrar (Judicial).

7] Civil Application stands disposed of.

FIRST APPEAL NO. 1680/2019.

8] Admit.

9] Shri S.V. Ingole, learned counsel, waives service of notice for respondent No.1.

10] Ms. Shamsi Haider, learned A.G.P, waives service of notice for respondent Nos.2 and 3. JUDGE Sumit