Vidarbha Irrigation Development Corporation, Throguh Its Executive Engineer, Wardha v. Smt. Sumatibai Dnyaneshwar Ingole And 2 Others

904-CAF-1848-14 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.1848 OF 2014 IN FIRST APPEAL (St) NO.1646 OF 2014 V.I.D.C. Thr.Exe. Engineer, Lower Wardha Project Dvn. Wardha, -vs- Sumanbai Dnyaneshwar Ingole & Ors.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri S. K. Bhoyar, Advocate for appellant.

Shri C. Najbile, Advocate for respondent No.1. Shri M. A. Kadu, AGP for respondent Nos. 2 and 3. CORAM : A.S.CHANDURKAR, J.

DATE : September 29, 2015 Shri C. Najbile, learned counsel enters appearance for respondent No.1. On oral request made by counsel for the applicant, the order dated 03/02/2015 is recalled and the application is restored against said respondent. Amendment be carried out forthwith.

Prayer is to condone delay in filing the appeal. The prayer is opposed by counsel for respondent No.1. However considering reasons mentioned in the application, the delay stands condoned.

Civil application is allowed and disposed of. F.A.(St) No.1646 of 2014 Cause title be amended forthwith in terms of order passed on C.A.No.1848 of 2014.

Admit. Call for record and proceedings.

Shri C. Najbile, learned counsel waives notice for respondent No.1. Shri M. A. Kadu, learned Assistant Government Pleader waives notice on behalf of respondent Nos.2 and 3.

904-CAF-1848-14 2/2 Civil Application (CAF) No.1849 of 2014 As the applicant has complied with the order dated 25/07/2014, ad interim stay granted shall operate as interim stay during pendency of the appeal. Civil application stands disposed of.

Civil Application (CAO) No.1709 of 2015 Prayer is to permit the claimant to withdraw amount of compensation awarded by the Reference Court.

Perused the judgment of the Reference Court. The claimant is permitted to withdraw an amount of Rs.25 lakhs subject to filing usual undertaking. Further amount of Rs.25 lakhs is permitted to be withdrawn subject to furnishing solvent surety/security to the satisfaction of the Registrar (Judicial). Remaining amount shall stay duly invested in Fixed Deposit. Civil application is disposed of. JUDGE Asmita