Vidarbha Irrigation Devp. Corporation, Thr. Executive Engineer, Bembla Project Division, Yavatmal v. Shantilal Situlal Oswal (Dead), Through Lrs. Vasantkumar Shantilal Oswal And Others

09caf2002.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO. 2002 OF 2021 IN FIRST APPEAL NO.885 OF 2017 (V.I.D.C. thr. the Executive Engineer Vs. Shantilal Shitulal Oswal (dead) thr. L.R's 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 J.B. Kasat, Advocate for the appellant.

Shri A.B. Nakshane, Advocate for respondent No.1. Shri A.M. Kadukar, A.G.P. for respondent Nos.2 & 3. CORAM:- PUSHPA V. GANEDIWALA , J.

DATED :- OCTOBER 07, 2021.

Heard 2.

Perused the contents in the application.

3.

It is stated that the First Appeal No.885/2017 came to be compromised before the Lok Adalat dated 17/03/2019. Accordingly, the appellant has deposited the enhanced amount of compensation with the Registry of this Court.

4.

It is stated that the appeal of the V.I.D.C. is partly allowed. It is stated that as per the directions of this Court, the V.I.D.C. has deposited an entire decretal amount of Rs.13,51,581/- with the Registry of this Court. 5.

Therefore, as the appeal came to be partly allowed, the appellant/V.I.D.C. is entitled for refund of Rs.2,33,201/-.

09caf2002.21.odt 6.

In this view of the matter, the applicant/respondent No.1A is permitted to withdraw an amount of Rs.1,04,965/- along with interest accrued thereon while the appellant/V.I.D.C. is permitted to withdraw refund of excess amount of Rs.2,33,201/- with accrued interest thereon.

7.

The application stands disposed of accordingly.

JUDGE *DB