Bombay High CourtSA/38/2007dispossed offdismiss for default

Vidarbha Irrigation Development Corporation Thr. Its Executive Engineer, Wahi (Paoni) v. Vasant Ramaji Talmale And 2 Others

2016-01-13Hon'Ble Shri Justice Z.A. Haq2 pages

1 sa38.07

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR SECOND APPEAL NO.38/2007 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Gossikhurd Right Bank Canal Division No.1, Wahi (Paoni) ..Versus..

Vasant Ramaji Talmale and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.R. Rode, A.G.P. for respondents 2 and 3. CORAM : Z.A. HAQ, J.

DATE : 13.1.2016 Shri Jitendra R. Patel, Civil Engineer Assistant, Gossikhurd Right Bank Canal Division No.1, Wahi (Paoni) appears for the appellant and is identified by Shri V.G. Palshikar, advocate for the appellant.

Shri Vasant Ramaji Talmale - respondent no.1 appears and is identified by Shri N.G. Solao, advocate for the respondent no.1.

The appeal is disposed in terms of compromise dated 27th November, 2015.

The compromise decree be drawn accordingly.

2 sa38.07 The learned advocate for the respondent no.1 states that the respondent no.1 has received the cheque, details of which are given in paragraph no.3 of the Pursis Stamp No.46/2016. Shri Palshikar, advocate for the appellant has stated that the appellant has deposited an amount of Rs.47,760/- before the trial Court and as the entire amount receivable by the respondent no.1 has been paid by cheque, the amount deposited before the trial Court may be returned to the appellant. Shri Solao, advocate for respondent no.1, on instructions, states that the respondent has no objection. The amount deposited by the appellant before the trial Court be returned to the appellant with interest, if any. JUDGE Tambaskar.