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Bombay High CourtCAF/3555/2017ca disposed off

Vidarbha Irrigation Devp. Corporation, Through Executive Engineer, Yavatmal Medium Project Division v. Shamrao Nandu Rathod And Others

2017-09-05Hon'Ble Shri Justice Sunil B. Shukre2 pages

0509 FA 1013-2017 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.F. No. 3555/2017 IN FIRST APPEAL No. 1013/2017 (V.I.D.C. THROUGH ITS EXE. ENGINEER, YAVATMAL MEDIUM PROJECT DIVISION -vsSHAMRAO NANDU RATHOD AND OTHERS) ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri V.V. Dahat, counsel for appellant.

Shri A.B. Nakshane, counsel respondent no.1.

Shri M.A. Kadu, AGP for respondent nos.2 and 3. CORAM: S.B. SHUKRE, J.

DATE : SEPTEMBER 05, 2017.

Heard. Perused the impugned award and grounds of appeal.

I am of the view that this application can be partly allowed on some conditions.

Accordingly, application is partly allowed and respondent no.1 is permitted to withdraw 50% of the amount deposited in this Court on his furnishing usual undertaking and also permitted to withdraw 25% of the amount deposited in this Court on his furnishing solvent surety to the satisfaction of the learned Registrar. Both to be furnished within 10 weeks from the date of the order.

Remaining 25% of the amount deposited in

0509 FA 1013-2017 2/2 this Court, be invested in the Fixed Deposit Account with any Nationalized Bank, as per rules, until final disposal of the appeal.

Application is disposed of.

JUDGE Yenurkar