Bombay High CourtCAF/3129/2016admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corporation Through Its Executive Engineer, Lower Wardha Project v. Omprakash Jugalkishore Agrawal, And Others

2016-10-13Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf3129.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 3129 OF 2016 IN FIRST APPEAL NO.395 OF 2015 (VIDARBHA IRRIGATION DEVELOPMENT CORPORATION.....VS.. OMPRAKASH JUGALKISHOR AGRAWAL & 4 OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Abhijit Parihad, Advocate for Appellant. Shri S.A.Chaudhari & Ms P.S.Chaudhari, Advocates for Respondent Nos. 1 to 3.

Shri M.A.Kadu, A.G.P. for Respondent Nos.4 & 5. CORAM : Z.A.HAQ, J.

DATED : OCTOBER 13, 2016.

Considering the facts on record, the respondent Nos. 1 to 3 / claimants are permitted to withdraw 50% of the amount unconditionally. The balance 50% amount be given to the respondent Nos. 1 to 3 / claimants on furnishing solvent surety/ security to the satisfaction of the Registrar (Judicial) of this Court and also undertaking by all the three claimants stating that in case it is found that the claimants are not entitled for the amount withdrawn by them they will re-deposit the amount with the Registry of this Court along with interest as may be determined, within two months. The civil application is allowed in the above terms.

CIVIL APPLICATION (CAF) NO. 2268/2016.

As the amount is deposited, execution of the impugned award shall stand stayed till disposal of the appeal.

2 caf3129.16 The civil application is allowed accordingly. CIVIL APPLICATION (CAF) NO. 2094/2016.

In view of the order passed on Civil Application No. 2268 of 2016, this application is not pressed. Hence, it is disposed accordingly.

JUDGE RRaut..