The Executive Engineer, Minor Irrigation Dept. , Nagpur And Another v. Krishnarao Ajabrao Tekade

1209 FA 1035-2015 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.F. No. 3714/2017 IN FIRST APPEAL No. 1035/2015 (THE EXE. ENGINEER, MINOR IRRIGATION DEPARTMENT, ZILLA PARISHAD, NAGPUR AND ANOTHER -vs- KRISHNARAO AJABRAO TEKADE) ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri A.M. Kadukar, AGP for appellants.

Shri C.R. Najbile, counsel for respondent.

CORAM: S.B. SHUKRE, J.

DATE : SEPTEMBER 12, 2017.

Heard learned AGP for the appellants and Shri Najbile, counsel for respondent.

On going through the reasons stated in the impugned award, grounds of appeal and upon considering the fact that in the connected matter i.e. First Appeal No. 1016/2015, this Court has permitted the claimant therein, to withdraw 50% of the amount deposited in this Court, in the present appeal also, I do not see any difficulty in allowing the claimant to withdraw 50% of the amount deposited in this Court conditionally.

Accordingly, application is partly allowed.

The claimant i.e. respondent is permitted to withdraw 50% of the amount deposited in this Court,

1209 FA 1035-2015 2/2 upon furnishing usual undertaking before the learned Registrar, within four weeks from the date of the order. Rest of the amount be invested in the Fixed Deposit Account with any national bank, as per rules, till final disposal of the appeal.

Application is disposed of.

JUDGE Yenurkar