Bombay High CourtCAF/3460/2015ca disposed off

The Executive Engineer, Lower Wardha Project Division, V. I. D. C., Wardha v. Sanjay Ramdas Kadu And 2 Others

2016-04-27Hon'Ble Shri Justice A.S. Chandurkar2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (F) NO.3460 OF 2015 IN FIRST APPEAL ST. NO.14337 OF 2015 THE EXECUTIVE ENGINEER LOWER WARDHA PROJECT WARDHA VS SANJAY RAMDAS KADU 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 S. S. Godbole, Advocate for the appellant. Shri C. R. Najbile Advocate for respondent No.1. CORAM : A.S. CHANDURKAR, J.

DATED : APRIL 27, 2016.

Though prayer for condonation of delay is opposed by the learned Counsel for the non-applicant No.1, considering the reasons mentioned in the application, the delay stands condoned.

Civil application is allowed and disposed of. FIRST APPEAL ST. NO.14337 OF 2015.

Heard.

Admit.

Call for R & P.

Shri C. R. Najbile, the learned Counsel waives notice on behalf of the respondent No.1 and Ms. N. P. Mehta, the learned Assistant Government Pleader waives notice for respondent Nos. 2 & 3.

CIVIL APPLICATION (O) NO.720 OF 2016.

The claimant seeks permission to withdraw the amount of compensation deposited by the appellant. Perused the impugned award. The claimant is

2 2704caf3460.15 permitted to withdraw 50% of the amount deposited on filing undertaking that in case the appeal is allowed, the amount withdrawn shall be repaid with interest at such rate the Court may direct. The remaining amount be permitted to be withdrawn subject to furnishing solvent surety/security to the satisfaction of the Registrar (Judicial).

Civil application is allowed and disposed of. JUDGE /MULEY/