V. I. D. C. Through Its Executive Engineer, Canal Division, Amravati And Another v. Sau. Shweta Prasanna Muley And Others

909-fa-391-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAF) No. 34 of 2022 in First Appeal No. 391 of 2021 Vidharbha Irrigation Development Corporation through its Executive Engineer, Amravati and another

Versus

Sau. Shweta Prasanna Muley and others Office Notes, Office Memoranda of Court' s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order Shri M.A.Kadu, Advocate for the Appellant.

Mrs. Dr.R.S.Sirpurkar, Advocate for the respondent nos. 2 and 3.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 7 th JANUARY, 2022.

Shri M.A. Kadu, learned counsel for the appellant has filed this application stating that the Court had infact allowed withdrawal of 75% of compensation as it was done in First Appeal No. 392 of 2021. However, due to typographical error 100% is allowed to be withdrawn.

2.

Mrs. Sirpurkar, learned counsel for the respondents/original claimants disputes the said statement.

SKNair

909-fa-391-21.odt 3.

It is to be noted by order dated 23rd September, 2021 in First Appeal No. 392 of 2021, this Court allowed withdrawal of 75% of compensation with accrued interest, whereas in the present appeal respondent-claimant is permitted to withdraw 50% of the compensation upon furnishing an undertaking to respondents in case of adverse order and remaining 50% amount of compensation was permitted to be withdrawn on furnishing solvent surety/security to that extent. There does not appear to be any typographical error in the order which warrants correction on an application styled as 'Speaking to Minutes'

. Hence, the application stands dismissed.

(SMT. ANUJA PRABHUDESSAI, J.) by SACHINDANAND K NAIR Date: 2022.01.12 15:35:09 +0530 SACHINDANAND K NAIR SKNair