Municipal Council, Tumsar, Through Its Chief Officer v. Ravindra S/O Raghunath Shendre And Others

2024:BHC-NAG:640 35-CAF-2775-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO. 2775 OF 2023 IN FIRST APPEAL NO. 268 OF 2023 (Chief Officer, Municipal Council, Tumsar Vs. Ravindra s/o Raghunath Shendre & Anr.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri T.S. Deshpande, Counsel for the appellant. Shri Asghar Hussain, Counsel for the applicants/ respondents.

.....

CORAM : ANIL L. PANSARE, J.

JANUARY 17, 2024.

By this application, the applicant/ respondent no.1 - claimant seeks permission to withdraw the amount of compensation deposited by the appellant. 2] Perused the impugned judgment.

Considering the nature of evidence on record, respondent no.1 - claimant is permitted to withdraw 50% amount of compensation on filing an undertaking that in case the appeal is allowed, the said amount shall be repaid with interest at such rate the Court may direct and further the claimant shall furnish solvent surety to the extent of remaining 50% amount which is allowed to be withdrawn to the satisfaction of the Registrar (Judicial). 3] The Civil Application is disposed of.

FIRST APPEAL NO. 268/2023 4] Admit.

5] Shri Asghar Hussain, learned Counsel waives notice for the respondents.

35-CAF-2775-2023 6] Private paper-book be filed within twelve weeks.

(ANIL L. PANSARE, J.) Sumit