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Bombay High CourtCAF/2636/2016ca disposed off

Vidarbha Irrigation Development Corporation, Through Its Executive Engineer, Wardha v. Ganesh S/O Amrutrao Kolhe And 2 Others

2016-10-03Hon'Ble Shri Justice Z.A. Haq3 pages

1 caf2636.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2636/2016 IN FIRST APPEAL NO.786/2016 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Lower Wardha Project Division, Wardha ..Vs..

Ganesh s/o Amritrao Kolhe through 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : 3.10.2016.

Heard Shri S. K. Bhoyar, Advocate for the appellant, Shri S.D. Chopde, Advocate for respondent Nos.1-A to 1-C and Ms. S.Z. Haider, A.G.P. for respondent Nos.2 and 3.

If the amount is deposited within two weeks, the interim order granted on 5th April, 2016 shall continue until further orders.

Considering the facts of the case and order passed in First Appeal No.466/2015, the respondent No.1/claimant is permitted to withdraw Rs.12,00,000/- on furnishing undertaking to the satisfaction of the Registrar (J.) stating that if it is found that the claimant is not entitled for the

2 caf2636.16 amount withdrawn by him, he shall re-deposit the same with interest as may be determined by this Court, within two months.

The undertaking shall be furnished by all the three claimants. The balance amount be kept in nationalized bank till the disposal of the appeal.

JUDGE Tambaskar.

3 caf2636.16 CERTIFICATE original signed Judgment/Order".

Uploaded By : N.V. Tambaskar.

Uploaded On : 4.10.2016.

Personal Assistant.