Bombay High CourtCAF/1825/2022ca disposed off

Vidarbha Irrigation Development Corporation, Nagpur And Another v. Amit Gajanan Deshmukh And Others

2022-08-30Hon'Ble Smt. Justice M. S. Jawalkar2 pages

912 fa 390-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO. 1961/2022 WITH CIVIL APPLICATION (CAF) NO. 1825/2022 WITH CIVIL APPLICATION (CAF) NO.

1032/2022 IN FIRST APPEAL NO. 390/2022 Vidarbha Irrigation Development Corporation and another Vs.

Amit Gajanan Deshmukh and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri M.A. Kadu, Advocate for appellant Shri R.L. Khapre, Senior Advocate for respondent No.1 Ms Udeshi, A.G.P. for respondent Nos 2 & 3 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 30/08/2022 The present application is filed by the appellants for grant of permission to deposit entire amount of compensation.

Permission is granted.

Cheque no.155845 for an amount of Rs.4,14,14,886/- is permitted to be deposited. However, the same shall be deposited before the Executing Court. In view of the fact that the entire amount is going to be deposited by the appellant by 1st September, 2022, there is stay to the operation and effect of impugned Jayashree..

912 fa 390-2022.odt award and decree dated 18.03.2021 in terms of prayer clause (c) of First Appeal No.390/2022.

The respondent No.1 in Civil Application No.

1825/2022 is hereby allowed to withdraw 50% of amount so deposited before the Executing Court on furnishing usual undertaking that if the appellants would succeed in the matter, he will refund as per final order and further allowed to withdraw 25% of amount of total compensation on furnishing surety. The sureties will be furnished as per satisfaction of the Executing Court.

The applications are disposed of.

(SMT. M.S. JAWALKAR, J.) Signed By:JAYASHREE SHARAD SHINGNE Jayashree..