Vidarbha Irrigation Development Corporation, Thr. Exe. Eng. Lower Wardha Canal, Wardha v. Maroti Tukaram Bokade, And 2 Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.3614 OF 2017 IN FIRST APPEAL NO.439 OF 2013 (Vidarbha Irrigation Development Corporation vs. Maroti Tukaram Bokade and others) ______________________________________________________________________________ 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 D.S. Agnihotri, Advocate for respondent no.1. Ms. R. Kalia, Assistant Government Pleader for respondent nos.2 and 3.

-------- CORAM : P.N. DESHMUKH, J.

DATED : OCTOBER 10, 2017 Heard learned Counsel for the parties.

By this application, it is prayed by respondent no.1 that total amount of compensation of Rs.14,31,338/- deposited by appellant in the Court be allowed to be withdrawn.

For the grounds mentioned in the application, at this stage respondent no.1 is allowed to withdraw 50% of the amount deposited by appellant with liberty to apply for withdrawal of further 25% of total amount on making out a case for withdrawal of the same.

Accordingly, respondent no.1 is permitted to withdraw 50% of the total amount deposited by appellant on furnishing usual undertaking before Registrar (Judicial) of this Court. Remaining amount shall be deposited in a fixed deposit of any nationalised

1010caf3614.17 2/2 Bank initially for a period of 24 months. The application is thus partly allowed.

JUDGE khj