Vidarbha Irrigation Development Corp., Thr. Exe. Engineer, Lower Wardha Canal Division, Wardha v. Chandrashekhar Deorao Talmale And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR First Appeal No.1/2022 V.I.D.C., through Executive Engineer, Lower Wardha Canal Division, Wardha Vs. Chandrashekhar Deorao Talmale and others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri U.A. Gosavi, Advocate for appellant.

Shri A.S.Dhore, Advocate for respondent No.1 Shri N.R. Patil, AGP for respondent Nos.2 and 3 CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 6 th JANUARY, 2022.

Heard.

ADMIT.

Call for the Record and Proceedings.

Paper-book be filed within six months.

Shri Dhore, learned counsel waives service of notice for respondent No.1 and Shri Patil, learned AGP waives service of notice for respondent Nos.2 and 3.

Civil Application No2645 of 2021 By this application, the responded No.1/original claimant before the reference Court, has sought withdrawal of compensation deposited by the appellant.

Having considered the reasons stated in the application, the applicant is permitted to withdraw 50 % of the compensation along with the proportionate interest accrued thereon. The withdrawal of the amount is subject to final outcome of the appeal and the respondent No.1 shall file an undertaking that the amount with interest will be refunded in the event

the appellant succeeds in the appeal.

The application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) nd.thawre DOMAJI THAWRE 19:17