Executive Engineer, Purna Medium Project Division, Achalpur v. Shankar Balaji Khadake And 2 Others

Order 2511caf3481.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.F.NO. 3481/2019 IN F.A.NO. 385/2017.

Executive Engineer, Purna Medium Project Division, Achalpur. -VERSUSShankar Belaji Khadake and others.

Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

Shri S.S. Godbole, Advocate for the Appellant. Shri R.J. Shinde, Advocate for Respondent No.1. Shri K.L. Dharmadhikari, AGP for Respondent Nos.2 & 3. CORAM : VINAY JOSHI, J.

DATE : 25.11.2019.

Heard.

2.

In pursuance of the award, the appellant has deposited total compensation of Rs. 23,78,553/-. This Court vide order dated 13.07.2017, has permitted to withdraw 75% of the amount so deposited, and accordingly it was withdrawn. 3.

The applicant/respondent no.1 needs further amount due to financial crunches. The learned counsel for the applicant has produced a copy of order passed in Civil Application No. 3638/2019 in F.A.No.

Order 2511caf3481.19 1462/2019 dated 06.11.2019, relating to same project, wherein 100% withdrawal was permitted. Considering said aspect and taking into account the financial need of the applicant, he is permitted to withdraw the balance amount on the condition that he should furnish solvent surety to that extent to the satisfaction of the Registrar (Judicial). Civil Application is accordingly allowed and disposed of. No costs.

JUDGE Rgd.