The Executive Engineer, Purna Medium Project Division, Vidarbha Irrigation Development Corp.Achalpu v. Dilip Wasudeorao Mohod And 2 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAO] No. 1325 of 2016 IN First Appeal No. 972 of 2016 [Executive Engineer, Purna Medium Project Division, Achalpur Vs. Dilip Wasudeorao Mohod & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. R. J. Shinde, Adv., for the applicant - respondent no. 1. Mr. S.G. Jagtap, Adv., for the appellant.

Mr. Kadu, AGP for respondent nos. 2 and 3.

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CORAM

:

A. S. CHANDURKAR, J.

DATE :

24th January, 2017 By this application, the applicant seeks permission to withdraw the amount of compensation deposited by the appellant.

Perused the impugned judgment. Considering the nature of evidence on record, the claimant is permitted to withdraw the amount of Rs.7,50,000-00 [rupees seven lakhs fifty thousand only] on filing an undertaking that in case the appeal is allowed, the said amount shall be repaid with interest at such rate the Court may direct. Further amount of Rs. 7,50,000-00 [rupees seven lakhs fifty thousand only] is permitted to be withdrawn on furnishing a solvent surety to the

satisfaction of the Registrar [Judicial]. Rest of the amount shall be invested in a Fixed Deposit.

Civil Application is disposed of.

Judge |hedau|