Bombay High CourtCAF/3911/2017disposedoff

Vidarbha Irrigation Development Corp. Thr. Executive Engineer, Nagpur Irrigation Division (South) v. Shri Damodar Vithoba Chandekar (Dead) Thr. Lrs. Dilip Damodar Chandekar And Others

2018-02-28Hon'Ble Shri Justice Z.A. Haq2 pages

1 fa63.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO.63/2018 Vidarbha Irrigation Development Corporation, through Executive Engineer, Nagpur Irrigation Division (South), Nagpur ..Vs..

Dilip Damodar Vithoba Chandekar dead through Lrs. Sanjay Damodar Chandekar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.G. Palshikar, Advocate for the appellant. CORAM : Z.A. HAQ, J.

DATE : 28.2.2018.

Heard.

ADMIT.

Call records and proceedings.

Ms. Rajkumari Rai, Advocate waives notice for respondent Nos.1 to 7.

Ms. Geeta Tiwari, A.G.P. waives notice for respondent No.8.

The appellant to file paper book within six months.

C.A.F. NO.3911/2017 After going through the impugned award and examining the considerations which weighed with the Reference Court while determining the amount of compensation, in my view, the respondents / claimants can be permitted to withdraw the amount deposited by the appellants, however, on conditions as per this order. The respondents be given 50% of the amount,

2 fa63.18 alongwith interest on it, if any, unconditionally. The balance 50% of the amount with interest on it, if any, be given to the respondents on submission of undertaking to the satisfaction of Registrar (J.) of this Court to the effect that in case this appeal is allowed and it is held that the respondents are not entitled for the entire amount withdrawn by them, the respondents will deposit the amount with interest on it as would be determined by this Court within two months from the date of judgment.

The undertaking shall be furnished by all the respondents.

Civil application is disposed in the above terms. No costs.

JUDGE Tambaskar.