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Bombay High CourtCAF/1270/2020ca disposed off

Vidarbaha Irrigation Developemnt Corporation, Through Executive Engineer, Amravati v. Kamlabai Ramdas Shete And 2 Others

2021-01-20Hon'Ble Smt. Justice Anuja Prabhudessai1 pages

fa.958.11 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.1270 of 2020 in First Appeal No.958 of 2011 Vidarbha Irrigation Development Corporation vs.

Kamlabai Ramdas Shete & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri R.D. Dharmadhikari, Advocate for Applicant-Respondent No.1 Ms. T.H. Udeshi, A.G.P. for Respondent Nos.2 & 3.

CORAM

: SMT. ANUJA PRABHUDESSAI, J.

DATE : 20 th JANUARY, 2021.

By this application, the applicant-respondent No.1 has sought leave to withdraw Rs.4,00,000/- deposited by the appellant in terms of the judgment and award, dated 21/12/2010 passed in L.A.C. No.208/2007. The applicant has stated that the money is required to meet medical expenses. The applicant was earlier permitted to withdraw 75% of the amount deposited by the appellant.

Learned Counsel for the appellant has given no objection for withdrawal subject to furnishing solvent surety.

In the light of above, the applicantrespondent No.1 is permitted to withdraw Rs.4,00,000/- on furnishing surety and undertaking before the Registrar (Judicial) that the amount would be returned with interest in the event the appellant succeeds in the appeal.

The application stands disposed of.

JUDGE *sandesh