← Library
Bombay High CourtCAF/2041/2015dispossed offdismiss for default

The Commandant, C.A.D. Camp Pulgaon And ANR v. Ashappa S/O Narsimalu Sahare And Oths

2015-09-09Hon'Ble Shri Justice A.S. Chandurkar1 pages

5A-CAF-2041-15 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.2041 OF 2015 IN FIRST APPEAL NO.171 OF 2012 The Commandant, C.A.D. Camp, Pulgaon & Anr. Dist. Wardha -vsAshappa s/o Narsinalu Sahare & Ors.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Smt. A. A. Joshi, Advocate for appellant.

Ms Monali Pathade, Advocate for respondent Nos.1 to 4. CORAM : A.S.CHANDURKAR, J.

DATE : September 09, 2015 Prayer is to permit the claimants to withdraw the amount of compensation.

The request is opposed by learned counsel for the appellant on the ground that it would not be possible to recover the amount if the same is disbursed.

Considering the facts of the case and on perusal of the impugned judgment, the respondent Nos.2 to 4 are permitted to withdraw 50% of the amount deposited on filing usual undertaking. The balance amount is permitted to be withdrawn on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial).

Civil application is disposed of.

JUDGE Asmita