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Bombay High CourtCAF/3638/2019ca disposed off

Executive Engineer Purna Medium Project Achalpur Division Tah. Achalpur Amravati v. Chetankumar S/O Vijaykumar Agrawal And Others

2019-11-06Hon'Ble Shri Justice Vinay Joshi2 pages

1 caf3638.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAF) No. 3638 OF 2019 IN FIRST APPEAL NO. 1462 OF 2019 Executive Engineer, Purna Medium Project, Achalpur Division, Achalpur ..VS..

Chetankumar s/o Vijaykumar Agrawal and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. P.P. Chobe, Adv. for appellant.

Shri R.J. Shinde, Adv. for respondent nos. 1 to 3. Shri K.L. Dharmadhikari, A.G.P. for respondent nos. 4 and 5. CORAM : VINAY JOSHI, J.

DATED : 6 th NOVEMBER, 2019 CIVIL APPLICATION NO. 3638 OF 2019 Heard.

2.

The respondent nos. 1 to 3 i.e. original claimants are seeking permission for withdrawal of entire compensation amount with accrued interest. Admittedly, this Court vide order dated 14.08.2019 directed that 75% amount to be withdrawn and it is informed the same has been withdrawn accordingly.

3.

The applicant has relied on the order passed by this Court in Civil Application No. 274 of 2016 on 05.02.2016 to contend that 100% amount was permitted to be withdrawn by this Court in the matter arising out of same acquisition proceedings.

2 caf3638.19 4.

Considering the said aspect, the applicant is permitted to withdraw the remaining 25% amount on usual undertaking and on furnishing solvent surety/security to the satisfaction of Registrar (Judicial) of this Court. 5.

The Civil Application stand disposed of.

JUDGE Trupti