The Executive Engineer, Lower Wardha Project Division, Wardha v. Satish Ramdasji Kadu And Others

2408 FA 952-2017 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL No. 952/2017 (THE EXE. ENGINEER, LOWER WARDHA PROJECT DIVISION, WARDHA -vs- SATISH RAMDASJI KADU 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 V.G. Palshikar, counsel for appellant.

Shri C.R. Najbile, counsel for respondent nos.1 and 2. Shri M.A. Kadu, AGP for respondent nos.3 and 4. CORAM: S.B. SHUKRE, J.

DATE : AUGUST 24, 2017.

Heard.

The counsel note is taken on record.

In view of it, Shri S.G. Jagtap and Shri S.S. Godbole, are discharged as counsel for the appellant. Shri V.G. Palshikar, counsel, now appears for the appellant.

C.A.F. No. 3396/2017 IN F.A. No.952/2017.

Heard.

In the similar matter, this Court has permitted the claimant to withdraw the amount deposited in this Court on furnishing solvent surety and undertaking on 50% basis. Therefore, I see no difficulty in allowing this application in a similar fashion.

Accordingly, the claimant is permitted to withdraw 50% of the amount deposited in this Court on giving an undertaking that in case the appeal is allowed,

2408 FA 952-2017 2/2 the amount withdrawn shall be refunded with interest at such rate as may be directed by the Court and is also permitted to withdraw remaining 50% of the amount, on his furnishing solvent surety to the satisfaction of the learned Registrar.

Application is disposed of accordingly.

JUDGE Yenurkar