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Bombay High CourtCAO/1209/2015dispossed offdismiss for default

Executive Engineer (Vidc) Lower Wardha Project Division Wardha v. Annasaheb Mahadeorao Thakare And Others

2015-07-14Hon'Ble Shri Justice A.P. Bhangale2 pages

cao1209.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CAO NO.1209 OF 2015 IN FA NO.934 OF 2013 Executive Engineer (VIDC), Wardha ..vs..

Shri Annasaheb Thakre and ors Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders Shri Anand Parchure, counsel for applicant Nos.1 to 8/Resps. Shri V.G. Palshikar, counsel for the appellant. CORAM : A.P. BHANGALE, J.

DATE : JULY 14, 2015.

Heard.

By this application, applicant Nos.1 to 8/respondents seek speaking to minutes of order dated 6.7.2015 passed in CAF No.912 of 2015.

Learned counsel for applicant Nos.1 to 8/respondents submits that as per order passed on 7.7.2014 the claimants were permitted to withdraw 50% of the amount deposited in first installment out of 75% of the amount by the appellant on an undertaking that in the event, the appellant succeeds in the appeal, the claimants would deposit the amount in this Court or as directed by this Court.

Learned counsel further submits that, on 6.7.2015 when the claimants were permitted to withdraw 50% additionally deposited amount, the .....2/-

cao1209.15 Court passed the following order, thus :

"Heard.

For the reasons stated in the application, the application is allowed.

The claimants are permitted to withdraw 50% of the amount deposited subject to condition that they shall furnish security to the satisfaction of the Registrar (J) of this Court.

The civil application is disposed of as such."

Thus, learned counsel prays for recalling of order dated 6.7.2015 thereby substituting the condition for withdrawal of 50% additionally deposited amount from furnishing security to the satisfaction of the Registrar (J) of this Court. Learned counsel for the appellant has no objection if the amount is permitted to be withdrawn. In view of above, order dated 6.7.2015 is recalled. The claimants are permitted to withdraw 50% of the additionally deposited amount in terms of order dated 7.7.2014.

The civil application is disposed of as such. JUDGE !! BRW !!

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