Executive Engineer, (V.I.D.C.), Bembla Project Division, Yavatmal v. Dinesh Sureshchandra Jaiswal And 2 Others

24.07.caf.2236.18

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (f ) NO.2236/2018 in FIRST APPEAL NO. 495/2015 (V.I.D.C. Vs. Dinesh Sureshchandra Jaiswal and others ) ...................................................... .............................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. Mangesh Kadu, Adv.for appellant Mr. A.B. Nakshane, Adv.for respondent no.1 Mrs. A.R.Kulkarni, AGP for respondent no.1 2 and 3 CORAM : MRS.SWAPNA JOSHI, J.

D ATED : 24th th July, 2018.

The respondent no.1/applicant has filed the present application for withdrawal of amount of Rs. 16,59,714/- deposited in the court by the appellant-VIDC. Heard. Perused the contents of the Application and the order passed by this Court on 8th December, 2016. Considering the findings recorded in the impugned order and the grounds raised in the Appeal, I am of the opinion that the respondent no. 1/applicant can be permitted to withdraw 75% amount deposited in this court conditionally.

Learned counsel for other side, have no objection for the same.

Accordingly, the respondent no.1/applicant is permitted to withdraw 75 % of the amount on usual undertaking to be furnished before the Registrar (J) within a period of four weeks

24.07.caf.2236.18 from this order. The remaining amount shall be deposited in fixed deposit of any nationalised Bank initially for a period of three years. The Application is allowed accordingly and disposed of. Six weeks time is granted to file private paperbook. JUDGE Sahare