The Dy. Chief Engineer (Const.) Central Railway, Ajni, Nagpur v. Shri. Arun Arvind S/O. Ganpat Darokar And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.3666 OF 2017 IN FIRST APPEAL NO.815 OF 2017 (The Dy. Chief Engineer (Constr.), Central Railway vs. Arun Arvind s/o Ganpat and others) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Ms. S. Choube, Advocate h/f Shri N.P. Lambat, Advocate for appellant.

Shri C.R. Najbile, Advocate for respondent no.1. Shri S.J. Kadu, Assistant Government Pleader for respondent nos.2 and 3.

-------- CORAM : P.N. DESHMUKH, J.

DATED : NOVEMBER 13, 2017 This application is filed by respondent no.1/ original claimant for permission to withdraw total amount of Rs.8,48,039/- deposited by appellant towards decretal amount.

Heard learned Counsel for the parties.

For the grounds mentioned in paras 2 and 3 of the application, case is made out by respondent no.1 for withdrawal of amount. However, instead of allowing applicant to withdraw 75% of decretal amount, since appellant has not seriously objected for withdrawal of 50% of amount deposited, application is allowed to that effect as per order below :

Applicant/respondent no.1 is allowed to withdraw 50% of the amount of Rs.8,48,039/- on furnishing usual undertaking to the satisfaction of

1311caf3666.17 2/2 Registrar (Judicial).

The civil application is disposed of in the above terms.

FIRST APPEAL NO. 815 OF 2017 Heard learned Counsel for the parties.

Admit.

Shri Najbile, learned Counsel waives notice for respondent no.1. Shri Kadu, learned Assistant Government Pleader wavies notice for respondent nos.2 and 3.

JUDGE khj