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Bombay High CourtCAF/2218/2024partly allowed

The Executive Engineer, Upper Painganga Project Division No. 2, Umarkhed, Yavatmal v. Ashok Lingoji Shewalkar And Others

2024-08-19Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

2024:BHC-NAG:10653 1 13fa53.24 corrected.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.2218 OF 2024 IN FIRST APPEAL NO.53 OF 2024 [The Executive Engineer, Upper Painganga Project Division, Umarkhed, Yavatmal .vs. Ashok Lingokji Shewalkar 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 M.R. Joharpurkar, Advocate for Appellant. Shri A.R. Patil, Advocate for Respondent No.1. Shri P.P. Pendke, AGP for Respondent Nos.2 and 3. ..........

C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 19 th AUGUST, 2024.

This application is filed by the applicant-respondent no.1 for permission to withdraw the compensation amount deposited by the appellant.

2.

Heard the learned Advocates for both the sides. 3.

Considering the peculiar facts, it would be appropriate to partly allow the application.

4.

Respondents/claimant No.1 is entitled to withdraw Corrected as per Court's order dated 19/09/2024 vide CAO No.1144/2024 50% amount on usual undertaking and 25% amount on solvent surety.

5.

Registry is directed to pay amount as per the above directions.

2 13fa53.24 corrected.odt First Appeal No.53/2024 Stand over after six weeks.

(SANJAY A. DESHMUKH, J.) Gulande