Executive Engineer, Minor Irrigation Division, Washim v. Ashok Gyanuji Bhatkhode And Another

1 caf3109.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (F) NO.3109 OF 2016 IN FIRST APPEAL NO.455 OF 2015 (Executive Engineer, Minor Irrigation Divisionm Washim ..vs.. Ashok Gyanuji Bhatkhode and another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.G. Palshikar, Advocate for the appellant, Shri V.K. Paliwal, Advocate for the respondent No.1. CORAM : Z.A. HAQ, J.

DATED : 26-09-2016 Considering the facts of the case, in my view, the respondent No.1/Claimant can be permitted to withdraw 30% of the amount on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court and further 30% of the amount can be given to the respondent No.1/claimant on furnishing undertaking to the satisfaction of the learned Registrar (Judicial) of this Court to the effect that in case it is found that the claimant is not entitled for the amount withdrawn by him, he will redeposit the amount alongwith interest as may be determined by this Court at the time of hearing, within two months. The balance 40% amount be continued in fixed deposit in a nationalised bank.

2 caf3109.16 The civil application is allowed in the above terms.

JUDGE adgokar

3 caf3109.16 CERTIFICATE I certify that this Order uploaded is a true and correct copy of original signed Order.

Uploaded by : P.M. Adgokar.

Uploaded on : 28-09-2016.

P.A. to Hon'ble Judge.