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Bombay High CourtCAF/2641/2016admittedallwdgrantedrule absolute

Executive Engineer (V.I.D.C.) Upper Wardha Dam Division v. Bhimrao Balkrishna Dongare (Dead) Thr. His Legal Represenatives, Raju Shrihari Dongare And Oth.

2016-10-26Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf2641.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO.2641 OF 2016 IN FIRST APPEAL NO.1004 OF 2013 (Executive Engineer (VIDC), Upper Wardha Dam Division, Amravati ..vs.. Bhimrao Balkrishna Dongare (dead) through his L.Rs. 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 V.G. Palshikar, Advocate for the appellant, Shri Vikas Kulsange, Advocate for the respondent Nos.2 to 4, Ms. S.Z. Haider, AGP for the respondent Nos.5 and 6. CORAM : Z.A. HAQ, J.

DATED : 26-10-2016 Shri Vikas Kulsange, Advocate for the respondent Nos.2 to 4/claimants has submitted that in connected First Appeal No.699/2013, this Court has passed an order on 20-08-2014 permitting the claimant to withdraw 50% of the amount deposited by the appellant, on furnishing solvent surety.

Accepting the statement, the respondent Nos.2 to 4 are permitted to withdraw 40% of the amount deposited by the appellant on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. The amount be transmitted to the joint account of the respondent Nos.2 to 4.

2 caf2641.16 The balance amount be continued in fixed deposit in a nationalised bank till disposal of the appeal. The civil application is allowed in the above terms.

JUDGE adgokar