The Executive Engineer, Lower Wardha Project Division, Vidarbha Irrigation Development Corporation v. Sharad Manikrao Burghate And 2 Others

1 / 2 04-CAF 1902.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (F) NO. 1902 OF 2023 IN FIRST APPEAL NO. 746 OF 2015 (DECIDED) WITH CROSS OBJECTION NO. 27 OF 2016 THE EXECUTIVE ENGINEER, LOWER WARDHA PROJECT DIVISION, VIDC WARDHA VS.

SHARAD MANIKRAO BURGHATE AND OTHERS ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s Orders.

or directions and Registrar'

s orders.

---------------------------------------------------------------------------------------------- Smt. Anjali Agrawal, Advocate h/f. Smt. Ashwini Athalye, Advocate for applicant.

Shri. K. S. Narwade, Advocate for respondent No.1. Shri. M. A. Kadu, AGP for respondent Nos.2 and 3.

CORAM

: SMT. M. S. JAWALKAR J.

DATE : 12/07/2023 Present application is filed by respondent No.1 for grant of permission to withdraw the balance amount with accrued interest lying with this Court in First Appeal No.746 of 2015 and Cross Objection No.27 of 2016. Both were came to be decided on 30/03/2023.

2.

The appeal and cross objection both were came to be dismissed and order of reference Court was maintained. During pendency of appeal KOLHE

2 / 2 04-CAF 1902.2023 appellant deposited entire amount of compensation, as such there is no impediment in allowing the respondent No.1 to withdraw the balance amount out of the amount deposited by the appellant along with accrued interest thereon.

3.

Accordingly, the present application is allowed. Applicant/respondent No.1 is permitted to withdraw the balance amount along with accrued interest.

4.

Registry is directed to disburse the amount in favour of the applicant within a period of three weeks after due verification of documents.

JUDGE CHANDRAKANT KOLHE 17:07 KOLHE