Bombay High CourtCAF/3299/2016ca disposed off

Vidharbha Irrigation Development Corp. Nagpur Through Its Executive Engineer v. Gangadhar Zolbaji Kubade And Others

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

1 fa171.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO.171/2014 Vidarbha Irrigation Development Corporation, Nagpur, through its Executive Engineer, Lower Wardha Project Division, Wardha ..Vs..

Gangadhar Zolbaji Kubade 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 C.R. Najbile, Advocate for respondent No.1 and Ms. A.R. Kulkarni, A.G.P. for respondent Nos.2 and

3. None for the appellant.

As the respondent No.1 has put in appearance, the order passed by the learned Registrar (J.) on 16th December, 2014 dismissing the appeal against respondent No.1 in default is set aside and the appeal against respondent No.1 is restored.

C.A.F. NOS.462/2014 AND 3299/2016 As the amount is deposited by the appellant, the execution proceedings are stayed till the disposal of appeal. Considering the facts of the case, the respondent No.1/claimant is permitted to withdraw Rs.3,00,000/-,

2 fa171.14 unconditionally.

The balance amount be kept in fixed deposit in nationalized bank till the disposal of appeal. The civil applications are disposed in the above terms. No costs.

JUDGE Tambaskar.

3 fa171.14 CERTIFICATE original signed Judgment/Order".

Uploaded By : N.V. Tambaskar.

Uploaded On : 5.10.2016.

Personal Assistant.