Bombay High CourtCAF/2189/2016admittedallwdgrantedrule absolute

Executive Engineer, Lower Wardha Canal Division, Wardha v. Gopal Bhivaji Kavalkar And Others

2016-09-30Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf2189.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2189 OF 2016 IN FIRST APPEAL NO.606 OF 2016 (EXE. ENGINEER, LOWER WARDHA CANAL DN. WARDHA...VS..GOPAL BHIVAJI KAVALKAR & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S.Godbole, Advocate for Appellant.

Shri Rohan Chhabra, Advocate (Appointed) for Respondent No.1. Ms A.R.Kulkarni, A.G.P. for Respondent Nos. 2 & 3. CORAM : Z.A.HAQ, J.

DATED : SEPTEMBER 30, 2016.

Considering the facts of the case, the claimant is permitted to withdraw 50% of the amount deposited by the appellant unconditionally. The claimant be given 25% of the amount in addition, on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court stating that if it is found that the claimant is not entitled for the amount withdrawn by him he will re-deposit it along with interest as may be determined by this Court within two months. The balance amount be kept in fixed deposit in a nationalized bank.

The civil application is allowed in the above terms.

JUDGE RRaut..

2 caf2189.16 CERTIFICATE I certify that this order uploaded is a true and correct copy of original signed order.

Uploaded by : R.B. Raut, PS Uploaded on : 30/09/2016.