Executive Engineer (V.I.D.C.) Lower Wardha Project Division, Wardha v. Vijay Bapuraoji Kaundannyapure

cas3285of19.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) 3285 OF 2019 IN FIRST APPEAL 1416 OF 2013 (Exe.Engineer, VIDC, Lower Wardha Project Divn Wardha..vs.. Vijay BapuraojiKaundannyapure & ors) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Ms. Ashwini Athalye, counsel for appellant.

Mr. A.S. Dharaskar, counsel for respondents 1, 2,4,5,7 to 10. Mr. S.D. Dharaskar, counsel for respondent 8. CORAM: ROHIT B. DEO, J.

DATE: 5 th SEPTEMBER, 2019.

Vide order dated 30.3.3015, this Court has already permitted respondents 1 to 10 to withdraw sum of Rs. 10 lacs subject to furnishing the usual undertaking.

However, again Civil Application 3285/2019 is filed for similar order on the premise that respondent 3,6 and 8 are dead and their legal heirs are brought on record. It is stated that effect could not be given to the earlier order dated 30.3.2015.

For reasons stated in the application, the application is allowed and the respondents are permitted to withdraw the sum of Rs. 10 lacs subject to furnishing the undertaking that in case the appeal is allowed, the amount withdrawn shall be repaid with such interest as is directed by the Court. JUDGE rsb