Executive Engineer, Lower Wardha Project, Wardha v. Amar Sharadrao Kale And Others

1 / 2 caf2659.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (F) No.2659 OF 2019 IN FIRST APPEAL No.817 OF 2019 Executive Engineer, Lower Wardha Project Wardha vs.

Amar Sharadrao Kale and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memorandum of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. J. J. Chandurkar, counsel for applicant/appellant. Shri.C.R.Najbile, counsel for respondents No.1 & 2. CORAM : Manish Pitale J DATED : 25.09.2019 This is an application filed on behalf of the respondents No.1 & 2 (original claimant) seeking permission to withdraw the amount of compensation deposited by the appellant.

2.

It is pointed out that in a similar case arising out of the same acquisition proceeding, this Court granted permission to the claimants to withdraw 75% of the amount, 50% amount on filing usual undertaking and 25% on solvent surety.

3.

In view of the above, the instant application is also partly allowed, and the

2 / 2 caf2659.19 respondents No.1 & 2 are permitted to withdraw 75% of the amount deposited by the appellant in the Reference Court, 50% on filing usual undertaking and balance 25% on furnishing solvent surety to the satisfaction of the Reference Court. The balance amount of 25% lying in the Reference Court shall be invested in a fixed deposit in a Nationalized Bank, during the pendency of the present appeal.

4.

Application disposed of.

JUDGE KOLHE