V.I.D.C. Through Executive Enginner Special Construction Project Division Camp Amravati v. Dattatraya Baliram Wankhade And Others

2025:BHC-NAG:5394

01. FA 580 of 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.1987/2025 IN FIRST APPEAL NO.580/2025 Vidarbha Irrigation Development Corporation through its Executive Engineer Special Construction Project Division, Camp, Amravati, Tq. & Dist. Amravati ...Versus...

Dattatraya Baliram Wankhade and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. M.A. Kadu, Advocate for appellant Mr. Abhijeet Deshmukh, Advocate for respondent No.1/applicant Mr. H.R. Dhumale, AGP for respondent Nos.2 and 3 CORAM : MRS. VRUSHALI V. JOSHI, J.

DATE : 11/06/2025 1.

This is an application filed by respondent No.1/applicant for withdrawal of amount of Rs.45,84,475/- with accrued interest deposited by the appellant/acquiring body towards the compensation.

2.

The reasons have been stated in the application. In view of the reasons stated in the application, the civil application is allowed.

3.

Respondent No.1/applicant is allowed to withdraw 75% of the amount with accrued interest thereon. Out of the said 75% of the amount, 50% of the amount is allowed to be withdrawn upon furnishing usual undertaking to the effect that he will return the said amount in case the

01. FA 580 of 2025.odt appeal is decided against him along with interest at the rate that will be determined by the Court and 25% of the amount is allowed to be withdrawn on furnishing solvent surety/security. 4.

The amount be paid within four weeks.

5.

The respondent No.1/applicant, who is 95 years of age, has appointed Mr. Rajendra Dattatray Wankhade as his power of attorney.

6.

Registry is directed to verify the power of attorney before disbursing the amount.

7.

Civil application stands disposed of accordingly. No order as to costs.

FIRST APPEAL NO.580/2025 1.

Heard.

2.

ADMIT.

3.

Call for record and proceedings.

(MRS. VRUSHALI V. JOSHI, J.) Wadkar