Executive Engineer, Minor Irrigation Division, Washim v. Late Shama Isamaji Ambhore, Hariram Shama Ambhore, And Others

0502caf75.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.75/2019 IN FIRST APPEAL NO.868/2016 Executive Engineer, Minor Irrigation Division, Washim ...Versus...

Late Shama Ismaji Ambhore, Hariram Shama Ambhore and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. U.A. Patil, Counsel for appellant Shri N.M. Kolhe, Counsel for respondent no.1/applicant Mrs. Hemlata Jaipurkar, AGP for respondent nos.2 and 3 CORAM : ARUN D. UPADHYE, J.

DATE : 05/02/2019 Heard.

This is an application filed by the respondent no.1/applicant for withdrawal of the amount deposited by the appellant in this Court.

After hearing both sides, I am of the view that the respondent no.1/applicant could be allowed to withdraw 75% amount out of the amount, deposited by the appellant in this Court. Hence, the respondent no.1/applicant is permitted to withdraw 50% amount upon furnishing usual undertaking in this Court and 25% amount is allowed to be withdrawn upon furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.

0502caf75.19.odt Remaining 25% amount be kept in fixed deposit till disposal of the first appeal.

The civil application stands disposed of accordingly. No order as to costs.

JUDGE Wadkar, P.S.