The Executive Engineer, Irrigatino Department, Wardha v. Shri Yeshwant S/O Shridhar Urkudkar And 2 Others

2024:BHC-NAG:8194 14..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.1892 OF 2024 IN FIRST APPEAL NO.922 OF 2022 V.I.D.C. through E.E., Wardha and another .Vs. Yashwant S/o Shridhar Urkudkar 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 Vinay Dahat, Advocate for appellants.

Shri P.P. Pendke, A.G.P. for respondent/State. Shri C.R. Najbile, Advocate for respondent No.1. CORAM : SANJAY A. DESHMUKH, J.

DATED : 30/07/2024 1.

This is an application for permission to withdraw the amount deposited by the appellants in this Court as per the award of the reference Court. 2.

Perused the application.

3.

Heard learned advocates for both sides.

4.

The learned advocate for the respondents strongly objected the application.

5.

Already Rs.34,67,898/- deposited in the reference Court is received by the claimant/applicant. 6.

Considering this fact, 65% of the amount deposited in this Court is allowed to withdraw on furnishing undertaking and 10% on solvent surety.

7.

Application is partly allowed and disposed of. C.L. Dhakate

14..odt FIRST APPEAL NO.922 OF 2022 8.

The appellants is directed to deposited costs of Rs.5,000/- passed by this Court vide order dated 02.05.2024 within a week.

9.

Stand over after one week.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate