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Bombay High CourtCAF/2246/2025partly allowed

Exe. Engineer, Nimna Painganga Project Dept., Bembla Project Canal Division, Yavatmal v. Manish Dulichand Bora And Others

2025-07-03Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 10 caf 2246-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 2246 OF 2025 IN FIRST APPEAL NO. 1947 OF 2019 Executive Engineer, Nimna Painganga Project Department, Bembla Project Canal Division, Yavatmal Vs.

Manish Dulichand Bora 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 I.P. Khisti, Advocate for the appellant Ms A. Kashikar, Advocate h/f Shri P.M. Pande, Advocate for respondent No.1 Ms H.S. Dhande, AGP for the respondent/State CORAM : SHRI ABHAY J. MANTRI, J.

DATED : 03.07.2025 .

Applicant/respondent No.1 has moved this application to permit him to withdraw the amount deposited by the appellant in this Court as well as before the Reference Court. For which, learned Counsel for the appellant has given no objection to permit the withdrawal of 50% amount of the award. The learned counsel for the applicant accepted the said proposal.

2.

Considering the reason disclosed in the application and no objection of the learned Counsel for the appellant, the application is partly allowed.

2 10 caf 2246-2025.odt 3.

The applicant is permitted to withdraw 50% of the compensation amount of the award.

4.

Learned Counsel for the appellant submitted that the appellant has deposited the principal amount before the Reference Court and the remaining amount in this Court.

5.

In view of the same, the Registry as well as the Reference Court are directed to grant a withdrawal of 50% amount of the award to the applicant as per the award on his furnishing the undertaking.

6.

As such, the application is disposed of.

JUDGE Jayashree....