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Bombay High CourtCAF/3091/2019ca disposed off

The Executive Engineer, Bembla Project Division, Yavatmal v. Sunil S/O Janraoji Wankhede And 6 Others

2019-09-03Hon'Ble Shri Justice Manish Pitale2 pages

1 caf3091.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Civil Application (CAF) No.3091/2019 in First Appeal No.155/2017 The Executive Engineer, Bembla Project Division, Yavatmal Vs.

Sunil Wankhede and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P.B. Patil, Advocate for appellant.

Mr. B.M. Lonare, AGP for respondents No.5 and 6. CORAM : MANISH PITALE, J.

DATED : SEPTEMBER 03, 2019 This is an application filed by the respondents No.1 to 4 (original claimants), seeking permission to withdraw the amount deposited by the appellant in this Court. Having perused the application and the impugned Judgment and order passed by the Reference Court, it appears that the applicants have been able to make out a case for conditional withdrawal of the amount deposited by the appellant in this Court. It is pointed out that in similar cases, this Court has permitted the claimants to withdraw 75% of the amount deposited in this Court by furnishing usual undertaking.

2.

In view of the above, the present application is partly allowed.

2 caf3091.19.odt 3.

The respondents No. 1 to 4 (claimants) are permitted to withdraw 75% of the amount deposited in this Court on furnishing usual undertaking within a period of 4 weeks from today. The balance amount shall be invested in a fixed deposit initially for a period of three years in a nationalized bank and renewed thereafter if necessary, during pendency of the appeal. 4.

The application is disposed of.

JUDGE MP Deshpande