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Bombay High CourtCAF/2211/2014dispossed offdismiss for default

Executive Engineer, Minor Irrigation Division, Washim v. Shri Shivram Dhansing Jadhao And 2 Others

2015-02-20Hon'Ble Shri Justice Z.A. Haq1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION F. NO.28/2015 AND CIVIL APPLICATION F. NO.2211/2014 IN FIRST APPEAL NO.675/2014 Executive Engineer Minor Irrigation Division, Washim, Distt. Washim ...Versus...

Shri Shivram Dhansing Jadhao and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.V. Palshikar, Advocate for appellant Shri N.M. Kolhe, Advocate for respondent no.1 Mrs. B.P. Maldhure, AGP for respondent nos.2 and 3 CORAM : Z.A. HAQ, J.

DATE : 20.02.2015 Considering the facts of the case and the challenges raised by the appellant, the respondent no.1 is permitted to withdraw 50% of the amount deposited by the appellant on filing undertaking to the satisfaction of the Registrar (Judicial) of this Court to the effect that if at the time of hearing it is found that the respondent no.1 is not entitled for the amount permitted to be withdrawn, he shall deposit the amount with the Registry of this Court with interest as would be determined by this Court within stipulated time. The balance amount be kept in fixed deposit in the Nationalized Bank initially for the period of three years and to be renewed every year till the decision of the appeal. The interim order granted by this Court on 22.8.2014 shall continue till the decision of the appeal The civil applications are disposed of in the above terms.

JUDGE Wadkar