The Executive Engineer, Medium Project Division, Vidarbha Irrigation Development Corporation v. Nikhil Narendra Bhagat And 2 Others

1 cao1323.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION NO.1323 OF 2016 IN CIVIL APPLICATION (CAF) NO.2466 OF 2015 IN FRIST APPEAL STAMP NO.6986 OF 2015 (The Executive Engineer, Medium Project Division, VIDC, Yavatmal ..vs.. Nikhil s/o Narendra Bhagat and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S. Godbole, Advocate for the appellant, Shri J.A. Malnas, Advocate for the respondent No.1, Ms. S.Z. Haider, AGP for the respondent Nos.2 and 3. CORAM : Z.A. HAQ, J.

DATED : 17-10-2016 Considering the order passed in First Appeal No.1026/2014 which arises out of the award passed in respect of land acquired pursuant to the same notification and for the same project, and in view of the facts of the present case, the respondent No.1/claimant is permitted to withdraw the amount on furnishing undertaking to the satisfaction of the learned Registrar (Judicial) of this Court stating that if it is found that the claimant is not entitled for the amount withdrawn by him, he will redeposit the amount with the registry of this Court alongwith interest as may be determined, within two months.

The civil application is allowed accordingly. JUDGE adgokar