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Bombay High CourtCAF/1724/2025allowed

Executive Engineer, Jigaon Upsa Sinchan Department, Jigaon Project, Khamgaon v. Shivram Baliram Bhamdre And Others

2025-06-18Hon'Ble Shri Justice Abhay J. Mantri1 pages

2025:BHC-NAG:5679 1 34caf1724.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO 1724 OF 2025 IN FIRST APPEAL NO. 1181 OF 2024 (Executive Engineer, Jigaon Upsa Sinchan Dept Vs. Shivram s/o Baliram Bhamadre and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - Mr. U.A. Gosavi, Advocate for appellant.

Mr. S.S. Dalvi, Advocate for respondent No.1, Ms. R.M. Kavimandan, AGP for respondent Nos. 2 and 3/State. CORAM : ABHAY J. MANTRI, J.

DATED : 18-06-2025 Heard.

2.

The applicant/respondent No.1 has moved this application for permitting them to withdraw an amount of Rs. 2,39,648/- along with accrued interest thereon deposited by the appellant in this Court, for which learned counsel for the appellant has resisted. However, he submitted that he has no objection if the applicant is permitted to withdraw 50% of the awarded amount along with interest, by furnishing a usual undertaking. Further, 25% on furnishing a bank guarantee, for which the learned counsel for the applicant has conceded. 3.

Having considered the submission, the application is partly allowed in the above terms and disposed of.

FIRST APPEAL NO. 1181 OF 2024 As per the request of learned counsel for both sides, tag this appeal along with First Appeal Nos. 1086, 1103,1104, 1184, 1085, 1178, 1262, 1087, 1100, 1101,1182,1084,1187,1177,1180,1102, 1179,1105 of 2024 and First Appeal Nos. 109, 110, 507 and 509 of 2025. (ABHAY J. MANTRI, J.) Belkhede