Vidarbha Irrigation Development Corporation, Through Its Executive Engineer, Yavatmal v. Kantilal Samirmal Kotecha And 2 Others

caf3338.19.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR C IVIL APPLICATION ( CAF ) NO.3338 OF 2019 IN FIRST APPEAL NO.430 OF 2013 (The Executive Engineer (V.I.D.C.), Bembala Project Division, Yavatmal Vs. Kantilal Samirmal Kotecha and others) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri J.B. Kasat, Advocate for Appellant.

Shri D.A. Sonwane, Advocate for Respondent 1. Shri N.S. Rao, AGP for Respondents 2 & 3/State. CORAM: ROHIT B. DEO , J.

DATE: 9 th SEPTEMBER , 201 9 .

The respondent 1 is already permitted to withdraw amount of Rs.50 lakhs out of which according to the learned counsel Shri Sonwane the respondent 1 has withdrawn Rs.25 lakhs and the balance could not be withdrawn due to the inability of respondent 1 to furnish solvent surety.

2] This application is taken out for permission to withdraw the accrued interest on the entire amount deposited by the acquiring body.

3] The respondent 1 cannot be permitted to withdraw the accrued interest. The application is rejected. JUDGE NSN