V.I.D.C. Thr. Chief Exe. Engineer, Bembla Project, Yavatmal Now Bembla Irrigation Division v. Pandurang Sakharam Mogare And Others

2024:BHC-NAG:10622 1 9-FA No.1186.2023 Corrected

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1777 OF 2024 IN FIRST APPEAL NO. 1186 OF 2023 V.I.D.C. through its Chief Executive Engineer, Bembla Project Yavatmal ..VS..

Pandurang Sakharam Mogare and two others --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. N.A. Laplikar, Advocate h/f. Mrs. Ashwini Athalye, Advocate for appellant.

Ms. Mohini Dubay, Advocate h/f. Mr. S.V. Ingole, Advocate for respondent No.1.

Ms. Deepa Charlewar, AGP for respondent Nos.2 and 3. CORAM : SANJAY A. DESHMUKH, J.

DATED : 16 th JULY, 2024 1.

This is an application for withdrawal of amount Corrected as per Court's order dated 19.09.2024, passed in CAF No. 2549/2024.

under Award deposited in the Reference Court. 2.

Perused the application.

3.

Heard learned Advocate for both sides.

4.

Considering the peculiar set of facts, it would be proper to direct the Reference Court to pay 75% amount of compensation deposited in the Reference Court on furnishing usual undertaking.

5.

The application is allowed in the interest of justice. The Reference Court is directed to pay 75% amount of compensation deposited in the Reference Court along with accrued interest thereon, on furnishing usual

2 9-FA No.1186.2023 Corrected undertaking. The Reference Court is further directed that to verify the Power of Attorney then pay the amount to Power of Attorney holder accordingly.

6.

The application is disposed of.

FIRST APPEAL NO. 1186 OF 2023 1.

Learned Advocate for the appellant seeks leave to file private paper book. Leave is granted as prayed. Paper book be filed within a period of four weeks.

2.

Stand over after four weeks.

(SANJAY A. DESHMUKH, J.) Kirtak