Bombay High CourtCAF/2543/2016ca disposed off

Executive Engineer, Lower Wardha Project Division v. Rukhmangand @ Balu Babuji Dahat And 2 Others

2016-08-24Hon'Ble Shri Justice Z.A. Haq3 pages

1 caf2543.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO.2543/2016 IN FIRST APPEAL NO.508/2016 Vidarbha Irrigation Development Corporation, Wardha ..VS..

Rukhmangad @ Balu Bagoji Dahat - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.K. Bhoyar, Advocate for the appellant. Ms. Sneha Dhote, Advocate h/f Shri R.R. Vyas, Advocate for respondent No.1.

Mrs. A.R. Kulkarni, A.G.P. for respondent Nos.2 and 3. CORAM : Z.A.HAQ, J.

DATED : 24.8.2016.

Heard.

Considering the findings recorded by the Reference Court in paragraph No.18 of the impugned award, in my view, the applicant - respondent No.1 can be permitted to withdraw 75% of the amount deposited by the appellant. The amount shall be given only after the respondent No.1 furnishes an undertaking to the satisfaction of the Registrar (J.) of this Court to the effect that in case it is found that the respondent No.1 is not entitled for the entire amount withdrawn by him, he will re-deposit the amount along with

2 caf2543.16 interest as may be determined by this Court, within two months. The civil application is allowed in the above terms. JUDGE Tambaskar.

3 caf2543.16 CERTIFICATE original signed Judgment/Order".

Uploaded By : N.V. Tambaskar.

Uploaded On : 24.8.2016.

Personal Assistant.