Vidarbha Industrial Development Corporation Through Executive Engineer, Wardha v. Narayan Bhagwant Kadam, Wardha And 2 Others

5-CAF-21-15 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.21 OF 2015 IN FIRST APPEAL NO.413 OF 2009 V.I.D.C. Thr. Executive Engineer, L.W.P.D. Wardha. -vsNarayan Bhagwant Kadam & Ors.

-------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------------------------------------------- Shri V. G. Palshikar, Advocate for appellant. Shri A. R. Wagh, Advocate for respondent No.1. Shri H. D. Dubey, AGP for respondent Nos.2 and 3. CORAM : A.S.CHANDURKAR, J.

DATE : APRIL 06, 2015 Prayer is to permit respondent No.1 to withdraw the amount of enhanced compensation deposited by the appellant in this Court. It is stated that respondent No.1 is a senior citizen without any source of income.

The application is opposed by the learned counsel for the appellant on the ground that the reference proceedings were filed beyond the period of limitation.

Considering the prima facie adjudication of the reference on merits, respondent No.1 is permitted to withdraw sum of Rs.1,00,000/- from the amount of compensation deposited by the appellant. Respondent No.1 shall however, file an undertaking that in case the appeal is allowed, the aforesaid amount shall be returned with interest at such rate the Court may direct.

C.A. is allowed in aforesaid terms and disposed of accordingly.

JUDGE