V.I.D.C. Through The Executive Engineer, Bembla Project, Awadhootwadi, Yavatmal And Another v. Vinay Gulabrao Ingole And Others

12 caf2116.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CAF NO.2116/2022 AND FA NO.313/2019 VIDC, Yavatmal ..vs..

Vinay Gulabrao Ingole and ors ........................................................................................................................................................................... OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................... Shri K.S.Narwade, Counsel for the Applicant/R-1. Shri M.A.Kadu, Counsel for the Appellant.

Mrs.Shamsi Haider, AGP for R-2 & 3.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 09/02/2023 1.

Respondent No.1 seeks withdrawal of amount deposited by the appellant in this Court as well as in the Court of learned Civil Judge Senior Division at Yavatmal.

2.

As per contentions of respondent No.1, his land is acquired by the Government. So, he has no source of income and he is in dire need of financial assistance and, therefore, he be permitted to withdraw the amount.

3.

The said application is opposed by learned counsel for the appellant on the ground that the appellant has deposited amount Rs.15,02,424/- before the Reference court which has already been withdrawn by the claimant and the appellant has also deposited amount Rs.27,26,899/- before this Court. Hence, the application deserves to be rejected.

4.

Heard and perused the application.

5.

Considering submissions made by the claimant and .....2/-

12 caf2116.22 objections raised by the appellant, it will be just and proper to permit the claimant to withdraw 50% of the deposited amount in this Court along with interest accrued thereon on furnishing usual undertaking. The amount be disbursed on due verification and identification. 6.

The application is disposed of.

7.

Place the appeal for final hearing after six weeks. (URMILA JOSHI-PHALKE, J.) !! BrWankhede !!

by BHUSHAN RANA WANKHEDE Date:

2023.02.10 18:44:31 +0530 BHUSHAN RANA WANKHEDE ...../-