Executive Engineer, Bembla Project Division, Yavatmal v. Gulab S/O. Narayan Sawaalakhe And Others

17caf2001.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.2001 OF 2021 IN FIRST APPEAL NO.1488 OF 2019 (V.I.D.C. Vs. Gulab s/o Narayan Sawalakhe and ors.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order --------------------------------------------------------------------------------------------------------- Shri P.B. Patil, Advocate for the appellant.

Shri A.B. Nakshane, Advocate for respondent Nos.1, 2(A) to 2(C) Shri A.R. Chutke, A.G.P. for respondent Nos.3 & 4/State. CORAM:- PUSHPA V. GANEDIWALA , J.

DATED :- OCTOBER 07, 2021.

Heard Perused the application The claimants/respondent Nos.1 and 2(A) to 2(C) are seeking permission to withdraw the balance decretal amount with accrued interest thereon. It is submitted that the appeal filed by the appellant/V.I.D.C. came to be partly allowed and, therefore, the appellant/V.I.D.C. is entitled to refund of the amount of Rs.92,021/- along with accrued interest thereon and the claimants/respondent Nos.1 and 2(A) to 2(C) are entitled to withdraw the balance decretal amount with accrued interest thereon.

Considering the aforesaid, the application is allowed.

17caf2001.21.odt Respondent Nos.1 and 2(A) to 2(C) are permitted to withdraw the balance decretal amount of Rs.1,80,365/- with accrued interest thereon.

Respondent Nos.1 and 2(A) to 2(C) are entitled to receive the aforesaid amount in two equal proportion.

The appellant/V.I.D.C. is permitted to withdraw the refund of Rs.92,021/- along with accrued interest thereon.

The application stands disposed of accordingly.

JUDGE *DB