Executive Engineer, Lower Wardha Project Division, Wardha v. Sudam Punjab Raut (Dead) Lrs. Anil Sudam Raut And Others

1 fa438.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.1426 OF 2018 IN CIVIL APPLICATION (CAO) NO.120 OF 2018 IN FIRST APPEAL NO. 438 OF 2018 (EXECUTIVE ENGINEER, LOWER WARDHA PROJECT DN. vs.. SUDAM PUNJAB RAUT, THR. LRS.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri B.N.Jaipurkar, Advocate for Appellant.

Shri C.R.Najbile, Advocate for Applicants/respondents 1(A) to 1(D). Shri N.R.Patil, A.G.P. for Respondent Nos.2 & 3. CORAM : Z.A.HAQ, J.

DATED : AUGUST 10, 2018.

1.

Heard.

2.

As pointed out in the civil application, there is an apparent error in the second paragraph of the order passed on Civil Application No. 3353 of 2017 and Civil Application No. 120 of 2018.

3.

In the first line of paragraph 2, the term "appellants" be substituted by "respondent Nos.1(A) to 1(D)" so as to read as follows:

"Considering the facts of the case, the respondent Nos.1 (A) to 1(D) are permitted to withdraw Rs.12,00,000/- from the amount deposited by the appellant with the Registry of this Court. The balance amount be kept in fixed deposit in a nationalized bank until further orders."

2 fa438.18 Order dated 3rd April, 2018 be corrected accordingly. The civil application is allowed in the above terms. In the circumstances, the parties to bear their own costs.

JUDGE RRaut..