Bombay High CourtCAF/3651/2017admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corporation, Wardha Thr. Executive Engineer, Wardha v. Rukhmabai Wamanrao Punse And Others

2018-04-24Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf3651.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.3651 OF 2017 AND FIRST APPEAL ST. NO. 17033 OF 2017 (V.I.D.C. WARDHA THR. EE...VS.. RUKHMABAI WAMANRAO PUNSE & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri B.N.Jaipurkar, Advocate for Appellant.

Shri Abhijeet Deshpande, Advocate for Respondent No.1. Ms Mrunal Barabde, A.G.P. for Respondent Nos. 2 and 3. CORAM : Z.A.HAQ, J.

DATED : APRIL 24, 2018.

CIVIL APPLN.NO.3651/2017.

Accepting the explanation given in the application, delay of 115 days in filing the appeal is condoned.

The civil application is allowed.

FIRST APPEAL ST. NO. 17033/2017.

Taken up for hearing on admission.

ADMIT.

Shri Abhijeet Deshpande, advocate waives notice for the respondent No.1 and Ms Mrunal Barabde, A.G.P. waives notice for the respondent Nos.2 and 3. Call R & P.

The appellant shall file private paper book within six months.

2 caf3651.17 CIVIL. APPLN. NO.3652/17 & CIVIL APPLN.NO.1080/18. The appellant has deposited the amount as per the impugned award. The interim order granted on 7th September, 2017 shall continue until further orders. 50% of the amount deposited by the appellant be given to the respondent No.1/claimant on furnishing solvent surety / security to the satisfaction of the Registrar (Judicial) of this Court.

Balance 50% amount be given to respondent No.1/ claimant on submitting undertaking stating that in case at the time of hearing it is found that the respondent No.1/ claimant is not entitled for the amount withdrawn by her she will redeposit the amount with interest as may be directed by this Court within two months.

The civil applications are disposed in the above terms.

JUDGE RRaut..