← Library
Bombay High CourtCAF/70/2022allowed

V. I. D. C. Through Executive Engineer, Minor Irrigation Division, Washim And Another v. Ashok Subhash Rathod And 2 Others

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

Order 1301caf87-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION [CAF] NO. 87/2022 IN FIRST APPEAL NO. 1035/2019. VIDC. -Versus - Ulhas Rami Chavan and another.

CIVIL APPLICATION [CAF] NO. 67/2022 IN FIRST APPEAL NO. 1256/2019. VIDC. -Versus - Sandip Sitaram Ade and another. CIVIL APPLICATION [CAF] NO. 69/2022 IN FIRST APPEAL NO. 11/2021. VIDC. -Versus - Vinod Subhash Rathod and another. CIVIL APPLICATION [CAF] NO. 70/2022 IN FIRST APPEAL NO. 12/2021. VIDC. -Versus - Ashok Subhash Rathod 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 H.D. Marathe, Advocate for the Appellant. Shri A. Darekar, Advocate for Respondent No.1. A.G.P. for Respondent Nos. 2 and 3.

CORAM : SMT. ANUJA PRABHUDESSAI , J.

DATE : JANUARY 13, 2022.

Heard.

2.

By these applications, applicants/ respondent no.1 have 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 the entire amount.

Rgd

Order 1301caf87-22 3.

In the circumstances, for reasons disclosed in the application, the applicant/respondent no.1 is permitted to 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no.1 shall redeposit the same as shall be directed and remaining 50% amount of compensation is permitted to be withdrawn on furnishing solvent surety/security to that extent.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 Applications are allowed and disposed of in the above terms.

.....

First Appeal Nos.1035/2019, 1256/2019, 11 & 12 of 2021.

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

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