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Bombay High CourtCAF/86/2022allowed

Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Minor Irrigation Division, Washim v. Madhukar Shriram Fupare And Another

2022-01-13Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

Order 1301caf86-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION [CAF] NO. 86/2022 IN FIRST APPEAL NO. 1011/2019.

VIDC.

-Versus - Madhukar Shriram Fupare and another.

------------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri K.P. Mahalle, Advocate for the Appellant. Shri A. Darekar, Advocate for Respondent No.1. A.G.P. for Respondent No. 2.

CORAM : SMT. ANUJA PRABHUDESSAI , J.

DATE : JANUARY 13, 2022.

Heard.

2.

By this application, the applicant/ respondent no.1 has sought withdrawal of compensation deposited by the acquiring body. The learned Counsel for the respondent no.1/original claimant states that in connected First Appeals arising out of the same notification, this Court has permitted withdrawal of entire amount.

3.

In the circumstances, for reasons disclosed in the application, the applicant/respondent no.1 is permitted to Rgd

Order 1301caf86-22 withdraw 50% amount of compensation upon furnishing an undertaking that if any adverse order is passed, the applicant/ respondent no.1 shall redeposit the same as shall be directed and remaining 50% amount of compensation is permitted to be withdrawn on furnishing solvent surety/security to that extent.

Civil Application is allowed and disposed of in the above terms.

.....

First Appeal No.1 /2019.

Learned Counsel for the appellant states that private paper books will be filed within a period of two months.

(SMT. ANUJA PRABHUDESSAI, J.) Signed By:RAKESH GANESHLAL DHURIYA Private Secretary High Court of Bombay, at Nagpur Rgd