V.I.D.C. Thr. Its Exe. Engineer v. Anil Wasudeorao Tone And 3 ORS

caf2053.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR Civil Application (CAF) No. 2053 of 2014 in First Appeal No. 687 of 2012 (V.I.D.C. through its Exe. Engineer, Bembla Project Divn., Dist. Yavatmal Vs. Anil Wasudeorao Tone and ors.) ...................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ...................................................................................................................................................................... Shri Amol B. Patil, Adv. for applicant Shri K. S. Narwade, Adv. for respondent nos. 1 & 2 Shri H. D. Dubey, AGP for respondent nos. 3 & 4 CORAM: A. S. CHANDURKAR J.

DATED: 7-4-2015.

Heard.

As the appellant has deposited the entire amount of enhanced compensation, the execution of impugned award shall remain stayed during pendency of the first appeal.

The civil application stands disposed of.

Civil Application (CAF) 817 of 2015 Prayer is to permit the respondent nos. 1 and 2 to withdraw the amount of enhanced compensation deposited by the appellant. It is stated that the respondent no. 1 has been advised medical treatment for which aforesaid amount is required.

caf2053.14 The application is opposed by the learned counsel for the appellant on the ground that the enhancement granted by the reference Court is on higher side.

Having perused the impugned judgment, the respondent nos. 1 and 2 are permitted to withdraw 50% of the aforesaid amount subject to furnishing usual undertaking. For balance amount of 50%, the respondents shall furnish solvent surety to the satisfaction of the Registrar (Judicial).

The civil application is allowed in aforesaid terms and disposed of.

JUDGE wasnik