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Bombay High CourtCAF/2309/2015dispossed offdismiss for default

Vidarbha Irrigation Development Corporation, Through Its Executive Engineer v. Shri Pralhad Govinda Ingle And 2 Others

2015-09-29Hon'Ble Shri Justice A.S. Chandurkar1 pages

10-CAF-2309-15 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.2309 OF 2015 IN FIRST APPEAL NO.1381 OF 2013 V.I.D.C. Thr. Exe. Engineer Minor Irrigation Division, Washim -vs- Pralhad Govinda Ingle & Ors.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri P. B. Patil, Advocate for appellant.

Shri Vijaykumar Paliwal, Advocate for respondent No.1/applicant. Shri M.M. Ekaray, AGP for respondent Nos.2 and 3. CORAM : A.S.CHANDURKAR, J.

DATE : September 29, 2015 Prayer is to permit the claimants to withdraw the amount of compensation deposited by the appellant. It is stated that an amount of Rs.6,55,490/- was granted by way of enhanced compensation and the appellant has deposited a sum of Rs.3,03,365/- in this Court.

The application is opposed by learned counsel for the appellant and it is submitted that an amount of Rs.3,27,745/- has been deposited by the appellant with the Reference Court which amount is received by the respondent No.1.

Considering the facts of the case and after perusing the award passed by the Reference Court, the claimant is permitted to withdraw 50% of the amount deposited in this Court subject to filing usual undertaking. The balance amount shall stand invested in Fixed Deposit.

Civil application is disposed of.

JUDGE Asmita