Bombay High CourtCAO/1693/2016ca disposed off

The Executive Engineer, Khadakpurna Project Division, V.I.D.C. Deulgaon Raja, Buldana v. Shivaji Kaduba Deshmukh And Others

2016-10-03Hon'Ble Shri Justice Z.A. Haq3 pages

1 caf1301.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF)) NO.1301/2016 IN FIRST APPEAL STAMP NO.9820/2015 The Executive Engineer, Khadakpurna Project Division, V.I.D.C., Deulgaon-Raja ..Vs..

Shivaji Kaduba Deshmukh and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : 3.10.2016.

Heard Shri S.S. Godbole, Advocate for the appellant, Shri M.A. Kadu, A.G.P. for respondent Nos.2 and 3 and Shri K.S. Narwade, Advocate for respondent No.1. Accepting the reasons stated in the application, which are not controverted, the delay of 260 days in filing appeal is condoned. The civil application is allowed. FIRST APPEAL STAMP NO.9820/2015 Taken up for admission on hearing.

ADMIT.

Call R & P.

The appellant shall file private paper book within six months.

Shri K.S. Narwade, Advocate waives notice for respondent No.1.

Shri M.A. Kadu, A.G.P. waives notice for

2 caf1301.16 respondent Nos.2 and 3.

C.A.F. NO.1302/2016 As the amount is deposited by the appellant, the interim order granted on 26th February, 2016 shall continue till the disposal of appeal. The civil application is allowed. C.A.O. NO.1693/2016 Considering the order passed in connected First Appeal Stamp No.9771/2015 in which this Court has permitted the claimants to withdraw Rs.10,00,000/- out of Rs.12,00,000/- deposited by the appellant, the respondent No.1/claimant in the present case is permitted to withdraw Rs.6,00,000/- on furnishing solvent surety/security to the satisfaction of Registrar (J.) of this Court and further amount of Rs.6,00,000/- be given to the respondent No.1/claimant on filing an undertaking before the Registrar (J.) of this Court stating that in case if it is found that respondent No.1/claimant is not entitled for the amount amount withdrawn by him, he shall re-deposit the amount with interest as may be determined by this Court, within two months.

The balance amount be continued in fixed deposit in nationalized bank till the disposal of appeal. JUDGE Tambaskar.

3 caf1301.16 CERTIFICATE original signed Judgment/Order".

Uploaded By : N.V. Tambaskar.

Uploaded On : 4.10.2016.

Personal Assistant.