Bombay High CourtCAF/2845/2016admittedallwdgrantedrule absolute

The Executive Engineer, Minor Irrigation Division, V.I.D.C. Yavatmal v. Namdeo Tukaram Bhakre And 2 Others

2016-09-14Hon'Ble Shri Justice Z.A. Haq3 pages

1 fa336.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO.336/2016 The Executive Engineer, Minor Irrigation Division, the Vidarbha Irrigation Development Corporation, Yavatmal ..Vs..

Namdeo Tukaram Bhakre and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : 14.9.2016.

Heard Shri S.G. Jagtap, Advocate for the appellant, Shri A.B. Nakshane, Advocate for the respondent No.1 and Ms. A.R. Kulkarni, A.G.P. for the respondent Nos.2 and 3.

ADMIT.

Call R & P.

Shri A.B. Nakshane, Advocate waives notice for the respondent No.1.

Ms. A.R. Kulkarni, A.G.P. waives notice for the respondent Nos.2 and 3.

The appellant shall file private paper book within six months.

C.A.F. NO.2845/2016 Accepting the reasons stated in the application, which are not controverted, the appellant is permitted to deposit the amount as per the impugned award, within two weeks.

If the amount is deposited within stipulated time,

2 fa336.16 the interim order granted on 16th March, 2016 shall continue until further orders.

After hearing the learned Advocates for the respective parties and considering the facts on record, in my view, the respondent No.1 (claimant) can be permitted to withdraw Rs.12,00,000/-, unconditionally. The balance amount be kept in fixed deposit in nationalized bank. The civil application is allowed in the above terms. JUDGE Tambaskar.

3 fa336.16 CERTIFICATE original signed Judgment/Order".

Uploaded By : N.V. Tambaskar.

Uploaded On : 15.9.2016.

Personal Assistant.