← Library
Bombay High CourtCAF/4281/2019ca disposed off

Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Bembla Proj. Canal Division, Yavatmal v. Shri Vitthal Bapurao Kambale And Others

2021-03-04Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

60.FA.232.2020.

1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.4281/2019 IN First Appeal No.232/2020 V.I.D.C. through the Executive Engineer, Bembla Project Canal Vs. Shri Vitthal Bapurao Kambale & Ors.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri A.M. Kukday, Advocate for the Appellant. Shri P.M. Pande, Advocate for Respondent Nos.1 and 2. Smt. S.S. Jachak, AGP for Respondent Nos.3 and 4. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 4 th MARCH, 2021.

Learned Counsel for the appellant states that the entire amount of compensation has been deposited.

In the light of the said statement, execution and implementation of the impugned judgment and award is stayed till the disposal of the appeal.

The civil application stands disposed of.

Civil Application (CAF) No.559/2021 The respondent Nos.1 and 2/original claimants have sought withdrawal of the amount deposited by the Appellant - Acquiring Body.

Having considered the reasons stated in the impugned judgment and the grounds raised in the appeal memo, the respondent Nos.1 and 2/original claimants are permitted to withdraw 50% of the compensation on an undertaking that the amount shall be refunded,

60.FA.232.2020.

2/2 in the event the appellant succeeds in the appeal. The civil application stands disposed of.

First Appeal No.232/2020 Heard. Arguable points are raised. Hence, admit. Shri P.M. Pande, learned Counsel waives service of notice on behalf of respondent Nos.1 and 2 and Smt. S.S. Jachak, learned AGP waives service of notice on behalf of respondent Nos.3 and 4. Private paper-book to be filed within six months. (SMT. ANUJA PRABHUDESSAI, J.) vijay