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Bombay High CourtCAF/2835/2016admittedallwdgrantedrule absolute

V. I. D. C., Through Its Executive Engineer, Purna Medium Project Division, Achalpur v. Mohan Panjabrao Mathane And 2 Others

2016-10-10Hon'Ble Shri Justice Z.A. Haq2 pages

1 CAF 2835.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [F] NO.2835 OF 2016 IN FIRST APPEAL NO.446 OF 2016 [Vidarbha Irrigation Development Corporation .vs. Mohan Panjabrao Mathane 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 J.B. Kasat, Advocate for Applicant, Shri D.P. Dapurkar, Advocate for Respondent no.1, Shri M.A. Kadu, AGP for Respondent nos.2 and 3. ..........

CORAM : Z.A. HAQ, J.

DATED : OCTOBER 10, 2016.

Considering the order passed in connected First Appeal No.918/2015 on 28.10.2015 and the facts of the present case, the respondent no.1/claimant is permitted to withdraw 50% of the amount on furnishing solvent surety/security to the satisfaction of Registrar (Judicial) of this Court. The respondent no.1/claimant be given the balance 50% amount on furnishing an undertaking to the satisfaction of Registrar (Judicial) of this Court stating that if it is found that the claimant is not entitled for the amount withdrawn by him, he will redeposit it alongwith interest as may be determined by this Court, within two months. The civil application is allowed accordingly. JUDGE Gulande

2 CAF 2835.16.odt C E R T I F I C A T E "I certify that this order uploaded is a true and correct copy of original signed order."

Uploaded by : A.S. Gulande, P.A.

Uploaded on : 14.10.2016