V.I.D.C. Thr. Exe. Engineer, Canal Division, Amravati v. Sau. Chandabai Radhesham Jaiswal And Others

1 10 fa 527-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2026/2023 IN FIRST APPEAL NO.406/2021 Viderbha Irrigation Development Corporation, thr. Its Executive Engineer, Irrigation, Canal Division, Amravati and another Vs.

Sau. Chandabai w/o Radheshyam Jaiswal and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Mallika Babhulkar, Advocate h/f Shri M.A. Kadu, Advocate for applicants Shri Uttam Chandrawarti, Advocate h/f Shri S.S. Shingane, Advocate for respondent No.1 Ms T.H. Udeshi, AGP for respondent Nos.2 and 3 CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

20/07/ The present application is filed for grant of permission to withdraw the amount of compensation deposited by appellant. It is pointed out by learned Counsel for appellant that respondents have already withdrawn amount of Rs.42,90,468/- on the same ground of medical education of their grand-daughter. As such, he is not entitled for any amount. However, learned Counsel for respondents/applicant is ready to furnish security for the amount if directed to be disbursed in their favour. In view of earlier permission granted to withdraw the amount, it would be appropriate only to allow 50% of balance amount of pending before this Court on furnishing security to the satisfaction of Registrar (Judicial). Accordingly, application is allowed.

2 10 fa 527-2021 2.

The Registry is directed to disburse 50% of remaining amount on furnishing solvent surety by the applicant to the satisfaction of the Registrar (Judicial). 3.

The application stands disposed of.

FIRST APPEAL NO.527/2021 1.

Four weeks' time is granted to file paper book.

JUDGE R.S. Sahare