Bombay High CourtFA/139/2018withdrawn

Executive Engineer, Lower Wardha Canal Division, Wardha v. Rameshkumar Shatrughnaprasad @ Sarjuprasad Tiwari And Otehrs

2019-04-15Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

12fa139.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR COMPROMISE PURSIS STAMP NO. 4776/2019 IN FIRST APPEAL NO. 139/2018 The Executive Engineer, Lower Wardha Canal Division Vidarbha Irrigation Development Corporation, Wardha.

...Versus...

Rameshkumar Shatrughnaprasad @ Sarjuprasad Tiwari and others. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms A.S. Athalye, counsel for the appellant.

Ms Shiba Thakur, counsel for the respondent Nos. 1 and 2. Shri I.J. Damle, AGP for the respondent Nos. 3 and 4. CORAM : ARUN D. UPADHYE, J.

DATE : 15/04/2019.

Heard Ms A.S. Athalye, learned counsel for the appellant, Ms Shiba Thakur, learned counsel for the respondent Nos. 1 and 2 and Shri I.J. Damle, learned AGP for the respondent Nos. 3 and 4.

The learned counsel for the appellant has submitted that the matter is settled between the parties amicably. The terms of compromise is filed on record vide Pursis Stamp No.4776/2019, and therefore, learned counsel for the appellant seeks permission to withdraw the appeal. The respondent Nos. 1 and 2 have no objection for the same.

12fa139.18.odt In view of the submissions made on behalf of the appellant, the appellant is permitted to withdraw the appeal. The respondent Nos. 1 and 2 are permitted to withdraw the amount as per the terms of compromise. No order as to costs.

The appellant shall entitled to withdraw the excess amount with accrued interest, if any.

The appeal is disposed of as withdrawn.

The appellant is entitled for refund of Court Fees as per the Rules.

JUDGE rkn