Bombay High CourtCAF/2628/2016admittedallwdgrantedrule absolute

The Executive Engineer, Lower Wardha Project Division, Wardha v. Shrirang S/O Govindrao Kubde And 2 Others

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

1 caf294.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.294/2016 IN FIRST APPEAL STAMP NO.21810/2015 The Executive Engineer, Lower Wardha Project Division, Wardha ..Vs..

Shrirang s/o Govindrao Kubde 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 C.R. Najbile, Advocate for respondent No.1 and Ms. A.R. Kulkarni, A.G.P. for respondent Nos.2 and 3. FIRST APPEAL STAMP NO.21810/2015 Heard.

Taken up for hearing on admission.

Admit.

Call R & P.

The appellant shall file private paper book within six months.

Shri C.R. Najbile, Advocate waives notice for respondent No.1.

2 caf294.16 Ms. A.R. Kulkarni, A.G.P. waives notice for respondent Nos.2 and 3.

CIVIL APPLICATION NO.2628/2016.

If the amount as per the impugned award is deposited with the Registry of this Court within two weeks, the execution proceedings shall stand stayed until further orders. The civil application is allowed accordingly. Considering the order passed in connected First Appeal No.313/2015, and the facts of the present case, the respondent No.1/claimant is permitted to withdraw Rs.25,00,000/- on furnishing undertaking to the satisfaction of the Registrar (J.) stating that if it is found that the claimant is not entitled for the amount withdrawn by him, he shall re-deposit the same with interest as may be determined by this Court within two months. The balance amount be kept in nationalized bank till the disposal of the appeal. JUDGE Tambaskar.

3 caf294.16 CERTIFICATE original signed Judgment/Order".

Uploaded By : N.V. Tambaskar.

Uploaded On :4.10.2016.

Personal Assistant.