Executive Engineer,(V.I.D.C.) Bembla Project Division, Yavatmal v. Pandurang Ganpat Kale (Deceased) Through Lrs. Dilip Pandurang Kale And Others

24.07.caf.1801.18

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (f ) NO.1801/2018 in FIRST APPEAL NO. 479/2018 (V.I.D.C. Vs. Dilip Pandurang Kale and others ) ...................................................... .............................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. M.A. Kadu , Adv.for appellant Mr. A.B. Nakshane, Adv.for respondent nos.1 to 5 Mrs. A.R.Kulkarni, AGP for respondent nos. 6 and 7 CORAM : MRS.SWAPNA JOSHI, J.

D ATED : 24th th July, 2018.

The respondent nos.1 to 5/applicants have filed the present application for withdrawal of amount of Rs. 26,18,253/- deposited in the court by the appellant-VIDC. Heard. Perused the contents of the Application. Considering the findings recorded in the impugned order and the grounds raised in the Appeal, I am of the opinion that the respondent nos. 1 to 5 /applicants can be permitted to withdraw 75% amount deposited in this court conditionally.

Learned counsel for other side, have no objection for the same.

Accordingly, the respondent nos.1 to 5/applicants are permitted to withdraw 75 % of the amount on usual undertaking to be furnished before the Registrar (J) within a period of four weeks from this order. The remaining amount shall be deposited

24.07.caf.1801.18 in fixed deposit of any nationalised Bank initially for a period of three years. The respondents 1 to 5 are allowed to withdraw the amount in equal proportion. The Application is allowed accordingly and disposed of.

JUDGE Sahare