V.I.D.C. Thr. Exe. Engineer, Purna Medium Proj., Achalpur Div., Achalpur And Another v. Kisan S/O Nanu Dahikar And Others

fa.1991.19 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.1443 of 2020 in First Appeal No.1991 of 2019 V.I.D.C., through its Executive Engineer, Purna Medium Project, Achalpur & another vs.

Kisan s/o Nanu Dahikar & 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.J. Shinde, Advocate for Applicant/Respondent No.1. Mrs. P.P. Chobe, Advocate for the Appellants. Shri M.A. Kadu, A.G.P. for Respondent Nos.2 & 3.

CORAM

: S.M. MODAK, J.

DATE : 7 th DECEMBER, 2020.

Heard.

The appellant has deposited Rs.55,08,782/- before this Court as per the order passed on 13/12/2019. For the reasons stated in the application, though respondent No.1-claimant is entitled for withdrawal, but cannot be for 100%. He can be granted permission to withdraw 50% of the amount deposited by the appellant in this Court. Hence, the following order :

The Nazar is directed to transfer 50% of the amount of Rs.55,08,782/- in the bank account of respondent No.1 on personal identification. Respondent No.1 is also directed to furnish undertaking for 50% and solvency certificate for remaining 50% of 50% of the aforestated amount.

The application is allowed and disposed of accordingly.

JUDGE *sandesh