V.I.D.C. Thr. Exe. Engineer, Minor Irrigation Department-Ii, Karanja v. Sindhutai Narayan Patil And Others

1 15-FA-599-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

FIRST APPEAL NO.599 OF 2023 Vidarbha Irrigation Development Corporation, Thr. Executive Engineer, Minor Irrigation Dept.-II, Karanja, Dist. Washim vs.

Sindhutai Narayan Patil, Mangrulpir, Dist. Washim and ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A. M. Kukday, Advocate for the appellant. Shri Anuj Ramesh Patil, Advocate for respondent No.1. Smt. H. S. Dhande, Assistant Government Pleader for respondent Nos. 2 and 3. CORAM : ABHAY J. MANTRI, J.

DATED : 06-08-2025 Civil Application (CAF) No.2809/2025 The applicant-respondent No.1 has filed this application to permit her to withdraw the amount of compensation deposited by the appellant in this Court, for which the learned Advocate for the appellant has objected.

3.

Having considered the reasons disclosed in the application and having gone through the impugned judgment and order, I do not find substance in the objection raised by the learned Advocate for the appellant. On the contrary, I deem it appropriate to allow the applicant to withdraw 75% amount along with accrued interest thereon on furnishing the usual undertaking as well as a solvent surety/security, i.e. for 50% amount, the applicant has to furnish the usual undertaking, and for 25% amount, the applicant has to furnish a solvent surety/security.

4.

In view of the same, the application is partly allowed.

2 15-FA-599-23.odt 5.

The Registrar (Judicial) is directed to transmit 75% of the compensation amount along with accrued interest thereon as aforesaid to the bank account of the applicant within a period of six weeks on her furnishing a usual undertaking for 50% amount and 25% amount on furnishing a solvent surety/security to the satisfaction of the registry.

6. Accordingly, the application is disposed of. (ABHAY J. MANTRI, J.) Asmita