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Bombay High CourtCAF/3555/2019ca disposed off

V.I.D.C. Thr. Executive Engineer, Patbandare Prakalp Vibhag Ajni Nagpur v. Smt. Bhageratabai Santoshrao Bagde And Another

2019-09-24Hon'Ble Shri Justice Manish Pitale2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (F) No.3555 OF 2019 IN FIRST APPEAL No.429 OF 2018 V.I.D.C. thr. Executive Engineer, Patbhandare Prakalp Vibhag, Ajni, Nagpur vs.

Bhagerathabai Santoshrao Bagde and anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memorandum of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. U. A. Patil, counsel for appellant.

Shri. C. R. Najbile, counsel for respondent No.1 CORAM : Manish Pitale J DATED : 24.09.2019 This is an application filed on behalf of the respondent No.1 (original claimant) seeking permission to withdraw the amount of compensation deposited by the applicant in this Court.

2.

It is pointed out by the learned counsel for the appellant that in appeals arising out of the same acquisition proceeding, this Court had permitted withdrawal of 50% of the amount on certain condition.

3.

Hence, this application is partly allowed and the respondent No.1 is permitted to withdraw

2 / 2 caf3555.19 50% of the amount deposited in this Court.

4.

It is directed that 25% of the amount shall be withdrawn by the respondent No.1 by furnishing usual undertaking within a period of eight weeks from today and for the remaining 25% of amount, the respondent No.1 shall submit solvent surety to the satisfaction of the Registrar (judicial), also within the aforesaid period of time.

5.

Application stands disposed of.

First Appeal No.429 of 2018 The learned counsel for the appellant granted time of three weeks to file private paper book.

JUDGE KOLHE