The Ex. Engineer, Medium Project, Presently Ex. Engg. Project Construction, Yavatmal v. Nilkanth Bhojraj Rathod And 2 Others

2024:BHC-NAG:10576 8.fa.1531.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2485 OF 2024 IN FIRST APPEAL NO.1531 OF 2019 VIDC, through EE, Yavatmal .Vs. Nilkanth Bhojraj Rathod (Dead) through LRs. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri N.A. Waghmare, Adv. h/f Shri P.B. Patil, Adv. for appellant. Ms Dhande, A.G.P. for respondent/State.

Shri A.B.

Nakshane, advocate for respondent Nos.1A to 1C/Cross-objectors/applicants.

CORAM : SANJAY A. DESHMUKH, J.

DATED : 19/09/2024 1.

This is an application for modification of the order dated 29.07.2024.

2.

Perused the application.

3.

Heard learned advocates for both sides.

4.

The learned advocate for the respondents submits that, the claimants have only solvent surety of Rs.22,00,000/- they could not get the solvent surety of Rs.34,16,070/-.

5.

Considering the solvent surety of Rs.22,00,000/- the order dated 29.07.2024 deserves to be modified.

6.

Registry is directed to pay the balance amount of Rs.34,16,070/- to the claimant on furnishing solvent surety/security Rs.22,00,000/- and rest of the amount be paid on usual undertaking.

C.L. Dhakate

8.fa.1531.19.odt 7.

Rest of the earlier order dated 29.07.2024 is maintained.

8.

The application is allowed and disposed of.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate