Vidarbha Irrigation Development Corporation Through Its Executive Engineer, Wardha v. Omkar Kisnaji Bhakre, And 3 Others

1 caf3032.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 3032 OF 2016 IN FIRST APPEAL NO.1045 OF 2015 (VIDARBHA IRRIGATION DEELOPMENT CORPORATION...VS.. OMKAR KISNAJI BHAKRE & 3 OTH) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.K.Bhoyar, Advocate for Appellant.

Ms Vidya Umale, Advocate for Respondent Nos.1 & 2. Shri M.A.Kadu, A.G.P. for Respondent Nos.3 & 4. CORAM : Z.A.HAQ, J.

DATED : OCTOBER 15, 2016.

Considering the facts of the case, the respondent Nos.1 and 2/claimants are permitted to withdraw Rs.6,00,000/-. In addition, the respondent Nos. 1 and 2/ claimants be given Rs.6,00,000/- on furnishing solvent surety/ security to the satisfaction of the Registrar (Judicial) of this Court and undertaking to the Registrar (Judicial) of this Court stating that if it is found that the claimants are not entitled for the amount withdrawn by them, they will redeposit it with the Registry of this Court along with interest as may be determined, within two months. The amount be transmitted in the joint account of the respondent Nos.1 and 2/ claimants after both the claimants furnish surety/ security and the undertaking as above.

The balance amount be continued in fixed deposit till disposal of the appeal.

The civil application is allowed in the above terms.

JUDGE RRaut..