The Executive Engineer, Bembla Project Division, (Vidc), Yavatmal v. Prakashchand Kesharilal Bothara And Others

2408 FA 766-2017 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL No. 766/2017 (THE EXE. ENGINEER, BEMBLA PROJECT DIVISION, YAVATMAL -vs- PRAKASHCHAND KESHARILAL BOTHARA 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 S.G. Jagtap, counsel for appellant.

Shri K.S. Narwade, counsel for respondent no.1. Shri S.J. Kadu, AGP for respondent nos.2 and 3. CORAM: S.B. SHUKRE, J.

DATE : AUGUST 24, 2017.

COUNSEL NOTE Heard.

The counsel note is taken on record.

In view of it, learned counsel Shri S.G. Jagtap and Shri S.S. Godbole, are discharged as counsel for appellant. In view of the counsel note, Shri V.G. Palshikar, learned counsel, appears for the appellant now.

Later on, learned counsel Shri M.A. Kadu, submits that now he will look into the matter in place of Shri V.G. Palshikar.

C.A.F. No. 3197/2017.

Heard.

Perused the impugned award and the grounds of appeal.

I am of the view that, this application can be

2408 FA 766-2017 2/2 conditionally allowed. Application is allowed. The claimant is permitted to withdraw 50% of the amount deposited in this Court on his furnishing usual undertaking and remaining 50% of the amount on his furnishing solvent surety, to the satisfaction of the learned Registrar, within four weeks from the date of the order.

Application is disposed of.

F IRST APPEAL No. 766/2017.

Heard. ADMIT. Call for R and P.

Shri Narwade waives notice for respondent no.1 and learned AGP waives notice for respondent nos.2 and 3 on merits.

JUDGE Yenurkar