Bombay High CourtCAF/3277/2016admittedallwdgrantedrule absolute

General Manager, Central Railway, Through Dy. Chief Engineer, (Construction), Nagpur v. Smt. Malabai W/O Gunwantrao Lade, And 2 Others

2016-10-15Hon'Ble Shri Justice Z.A. Haq2 pages

1 caf3277.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 3277 OF 2016 IN FIRST APPEAL NO.945 OF 2015 (GENERAL MANAGER, CNETRAL RAILWAY CST...VS.. SMT. MALABAI GUNWANTRAO LADE & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.G. Agrawal, Advocate for Appellant.

Shri C.R. Najbile, Advocate for Respondent No.1 Shri M.A.Kadu, A.G.P. for Respondent Nos. 2 & 3. CORAM : Z.A.HAQ, J.

DATED : OCTOBER 15, 2016.

The learned advocates for the respective parties submit that in connected First Appeal No. 3161/2014 this Court has permitted the claimant to withdraw 50% amount on furnishing undertaking and to withdraw balance 50% amount on furnishing solvent surety / security. Considering the above order and the facts of the present case, the respondent No.1/ claimant is permitted to withdraw 50% amount on furnishing solvent surety/ security to the satisfaction of the learned Registrar (Judicial) of this Court and the remaining 50% amount be given to the respondent No.1/ claimant on furnishing undertaking to the learned Registrar (Judicial) of this Court stating that if it is found that the claimant is not entitled for the amount withdrawn by her, she will redeposit the amount with the registry of this Court along with interest as may be determined, within two months. The amount be transmitted

2 caf3277.16 in the account of the respondent No.1/ claimant after the claimant furnishes surety/ security and undertaking as above. The civil application is allowed accordingly. JUDGE RRaut..