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Bombay High CourtCAF/1592/2021ca disposed off

V.I.D.C. Through Its Executive Engineer, Bembla Irrigation Division, Yavatmal And Another v. Ananda Rambhau Savarkar And Others

2021-08-21Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

9CAF 1592.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO. 1592 OF 2021 IN FIRST APPEAL NO. 863 OF 2019 (Vidarbha Irrigation Development Corporation & Anr. Vs. Aananda s/o Rambhau Savarkar & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri J.B. Kasat, Advocate for the appellants. Shri S.V. Ingole, Advocate for the applicant/ respondent No.1.

Ms. H.N. Jaipurkar, A.G.P. for respondent Nos.2 and 3.

.....

CORAM : PUSHPA V. GANEDIWALA, J.

AUGUST 21, 2021.

Heard.

2] Shri Ingole, learned counsel for the applicant, orally seeks leave to amend the amount mentioned in the prayer clause of the application inasmuch as in place of Rs.1,18,457/-, inadvertently, Rs.97,026/- has been mentioned.

3] Leave granted. Necessary amendment/s be carried out forthwith.

4] This is an application filed on behalf of the applicant/ respondent No.1 seeking permission for withdrawal of the entire decreetal amount, i.e., Rs.1,18,457/-, which was deposited by the appellants

9CAF 1592.2021 with the Registry of this Court vide Pursis No. 11587/2018.

5] Considering the amount involved, so also considering the reasons mentioned in para 2 and 3 of the application, the same is allowed. The applicant/ respondent No.1 is permitted to withdraw the entire decreetal amount, i.e., Rs.1,18,457/- along with interest accrued thereon, on furnishing usual undertaking before the Registrar (Judicial).

6] Civil Application stands disposed of.

JUDGE Sumit