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Bombay High CourtCAF/3611/2017ca disposed off

Vidarbha Irrigation Devp. Corporation, Through Executive Engineer, Yavatmal Medium Project Division v. Manorama Madanrao Bansod And Others

2017-10-05Hon'Ble Shri Justice Sunil B. Shukre2 pages

CAF3184-16 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.F. NO.3184/2016 IN FIRST APPEAL ST. NO. 7670/2016 (VIDARBHA IRRIGATION DEVELOPMENT CORPORATION, THROUGH ITS EXECUTIVE ENGINEER, YAVATMAL MEDIUM PROJECT DIVISION VERSUS MANORAMA MADANRAO BANSOD & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri J.B. Kasat, counsel for the applicant.

Shri A.B. Nakshane, counsel for the NA-1.

Shri A.D. Sonak, A.G.P. for the NA-2 & 3.

CORAM : S .B. SHUKRE, J.

DATE : OCTOBER 05 , 2017.

Heard. For the reasons stated in the application, application is allowed. Delay is condoned. The appeal be registered.

The civil application stands disposed of.

F.A. ST. NO.

7670/2016.

Heard.

ADMIT.

Call for Record & Proceedings.

Learned counsel Shri A.B. Nakshane waives notice of final hearing on behalf of the respondent No.1. Learned Assistant Government Pleader Shri A.D. Sonak waives notice of final disposal on behalf of the respondent Nos.2 and 3.

C.A.F. NO.3185/2016.

Heard. Appeal is admitted.

CAF3184-16 Entire decreetal amount has been deposited. Therefore, this application deserves to be allowed and it is allowed accordingly. It is directed that there shall be stay to the effect and operation of the impugned award till final disposal of the appeal.

The civil application stands disposed of.

C.A.F. NO.3611/2017.

Heard.

Perused the impugned award and the grounds in this appeal. I am of the view that this application can be conditionally allowed and it is allowed accordingly. Respondent No.1 is permitted to withdraw 50% of the amount deposited in this Court on her furnishing usual undertaking and also permitted to withdraw remaining 50% amount deposited in this Court on her furnishing solvent surety to the satisfaction of learned Registrar, both to be furnished within 10 weeks from the date of this order. Paper Book be filed within one year.

The civil application stands disposed of.

JUDGE SHRIPAD