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Bombay High CourtCAF/2152/2025ca disposed off

V.I.D.C Through Engineer Construction Project Division Camp Amravati v. Wasudeo Bajirao Chaudhari And Others

2025-07-10Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 7 caf 2152-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 2152 OF 2025 IN FIRST APPEAL NO. 858 of 2025 V.I.D.C. Through Engineer Construction Project Division Camp Amravati Vs.

Wasudeo Bajiraoji Chaudhari and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms M.V. Babhulkar, Advocate for appellant Shri P.L. Rathi, Advocate for respondent No.1 Ms H.S. Dhande, AGP for the respondent/State CORAM : SHRI ABHAY J. MANTRI, J.

DATED : 10.07.2025.

Applicant/respondent No. 1 has filed this application to permit him to withdraw the compensation amount deposited by the appellant in this Court, for which learned Counsel for the appellant has given no objection for the withdrawal of 75% of the total compensation.

2.

Considering the reasons disclosed in the application, as well as no objection of the learned Counsel for the appellant, the application is partly allowed.

3.

The applicant is permitted to withdraw 75% of the compensation along with interest accrued thereon as under:

a).

Applicant is permitted to withdraw 50% amount upon furnishing a usual undertaking to the

2 7 caf 2152-2025.odt Court and 25% amount along with accrued interest thereon, on furnishing a solvent surety/security to the satisfaction of the Registrar.

4.

In view of the same, Registrar (J) is directed to transfer the compensation amount to the bank account of the applicant as per the award on his furnishing of an undertaking, surety, and his bank account details.

5.

Application stands disposed of.

FIRST APPEAL NO. 859 OF 2025 Heard.

2.

Admit.

3.

Learned Counsel Shri A.P. Deshmukh waives notice on behalf of respondent No.1.

4.

Learned Assistant Government Pleader waives notice on behalf of respondent Nos. 2 & 3.

5.

Call for record and proceedings.

JUDGE Jayashree....