Executive Engineer, Bembla Irrigation Division, Yavatmal v. Anil Rajeshwar Kewate And Others

1 caf2861.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO.2861 OF 2019 IN FIRST APPEAL NO.868 OF 2019 (VIDC, through Executive Engineer, Bembla Project Division, Yavatmal ..vs.. Anil Rajeshwarrao Kewte 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 S.K. Bhoyar, Counsel for the appellant, Shri A.B. Nakshane, Counsel for the applicant/respondent No.1, Shri N.S. Rao, AGP for respondent Nos.2 and 3. CORAM : M.G. GIRATKAR, J.

DATED : 13-01-2020 Heard Shri A.B. Nakshane, learned Counsel for the applicant/respondent No.1, Shri S.K. Bhoyar, learned Counsel for the appellant and Shri N.S. Rao, learned Assistant Government Pleader for respondent Nos.2 and 3.

2.

The appellant has deposited Rs.34,20,345/- before this Court. The applicant/respondent No.1 is praying for withdrawal of the said amount. The learned Counsel for the appellant has pointed out the order of this Court in Civil Application (CAF) No.2013/2019 in First Appeal No.588/2019. In view of the cited decision/ order, the applicant/respondent No.1 is permitted to withdraw 50% amount of compensation deposited before this Court upon furnishing undertaking to the satisfaction of the Registrar (Judicial) to the effect that he shall

2 caf2861.19 refund the said amount if the appeal is allowed. Remaining 50% amount of compensation be kept in fixed deposit in any nationalised bank till the disposal of the first appeal.

JUDGE adgokar