Executive Engineer, Bembla Irrigation Division, Yavatmal v. Sau. Pushpa Anilrao Kewate And Others

1 / 2 CAF2862.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (F) No.2862 OF 2019 IN FIRST APPEAL NO.947 OF 2019 V.I.D.C. through the Executive Engineer, Bembla Project Division, Yavatmal vs.

Pushpa Anilrao Kewte and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memorandum of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. S. K. Bhoyar, Advocate for applicant/appellant. Shri. A. B. Nakshane, Advocate for respondent No.1. CORAM : Manish Pitale J DATED : 04.09.2019 This is an application moved on behalf of the respondent No.1 (original claimant) seeking permission to withdraw the amount of compensation deposited by the appellant in this Court.

2.

Considering the findings rendered in the impugned judgment and order and the grounds of challenge raised in the appeal, it would be in the interest of justice if the respondent No.1 is permitted to withdraw 50% of the amount of compensation deposited in this Court.

3.

Accordingly, the application is partly allowed and the respondent No.1 is permitted to withdraw 50% of the amount deposited in this Court on furnishing usual

2 / 2 CAF2862.19 undertaking.

4.

The remaining 50% amount shall be kept in fixed deposit in the Nationalized Bank till disposal of the appeal.

JUDGE KOLHE