V.I.D.C. Thr. Executive Engineer, Purna Medium Project, Achalpur And Another v. Sanjay Jaydeorao Burange And Others

2023:BHC-NAG:13345 25 fa 08.23.odt..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.2328 OF 2023 IN FIRST APPEAL NO.08 OF 2023 V.I.D.C. and another .Vs.

Sanjay s/o Jaydevrao Burange. and Ors.

_______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri M.A. Kadu, Advocate for the appellants. Shri R.J. Shinde, Advocate for respondent No.1. Ms T.H. Udeshi, AGP for respondent Nos.2 and 3. CORAM :

G.A. SANAP, J.

DATE :

05.09.2023 Heard learned Advocate for respondent No.1.

2.

This is an application for withdrawal of the amount of compensation deposited in this Court in terms of the order passed by this Court.

3.

The reasons have been stated in the application in support of the prayer.

4.

In view of the reasons stated in the application, the application is allowed.

5.

Respondent No.1 is allowed to withdraw the amount of compensation deposited in this Court subject to his furnishing an usual undertaking for withdrawal of 50 % amount and subject to furnishing solvent surety with regard to remaining 50% amount.

25 fa 08.23.odt..odt 6.

The application stands disposed of.

CIVIL APPLICATION NO. 2886 OF 2022 Learned Advocate for the appellant submits that in terms of the order dated 23/12/2022, the amount of compensation has been deposited. Hence, stay granted earlier vide order 23/12/2022 is hereby confirmed till disposal of the appeal.

2.

In view of this, stay application is disposed of. FIRST APPEAL NO.8 OF 20 1.

At the request of learned Advocate for the appellant, 12 weeks time is granted for filing paper book. 2.

If paper book is not filed within 12 weeks, then appeal shall stand dismissed without further reference to the Bench.

(G. A. SANAP, J.) manisha