Bombay High CourtCAF/2562/2018admittedallwdgrantedrule absolute

Vidarbha Irrigation Devp. Corporation, Thr. Executive Engineer, Bembla Project Division, Yavatmal v. Onkar Sheshrao Hotey And Others

2018-10-19Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

1910caf2562.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.2562/2018 IN FIRST APPEAL NO.451/2017 Vidarbha Irrigation Development Corporation, through its Executive Engineer, Bembla Project Division, District Yavatmal ...Versus...

Onkar Sheshrao Hotey 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 Vinay Dahat, Counsel for appellant Shri R.D. Hajare, Counsel for respondent no.1/applicant Shri K.R. Lule, AGP for respondent nos.2 and 3 CORAM : ARUN D. UPADHYE, J.

DATE : 19/10/2018 Heard.

This is an application filed by the respondent no.1 - claimant for withdrawal of amount of Rs.2,28,643/- deposited by the appellant.

Learned Counsel for the respondent - claimant submits that half of the amount may be allowed to be withdrawn upon filing usual undertaking and remaining half of the amount may be allowed to be withdrawn upon furnishing security/surety.

1910caf2562.18.odt Learned Counsel for the appellant has no objection for the same.

Considering the submissions of the learned Counsel for the respondent - claimant and having gone through the contents of the application, the civil application is allowed. The respondent - claimant is allowed to withdraw half of the amount by filing usual undertaking and remaining half of the amount is allowed to be withdrawn by furnishing security/security to the satisfaction of the Registrar (Judicial).

The civil application stands disposed of.

JUDGE Wadkar, P.S.