The Executive Engineer, Lower Wardha Project Division, Wardha v. Janardan Domaji Solav (Deceased), Through Lrs. Smt. Mandabai Wd/O. Janardan Solav And Others
2023:BHC-NAG:17618 18 fa 818.16.odt..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAF) NO. 2746 OF 2023 IN FIRST APPEAL NO.
OF 2016 Executive Engineer, Lower Wardha Project Division, Wardha .Vs.
Janardhan Domaji Solav (Dead) through legal heirs and Ors. _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Shri Waghmare, Advocate h/f Shri P.B. Patil, Advocate for the appellant.
Shri S.D. Chopde, Advocate for respondent No.1(a) to 1(c). Shri M.A. Kadu, AGP for respondent Nos.2 and 3. CORAM :
G.A. SANAP, J.
DATE :
21/09/2023 Leave to amend the application as prayed for correction of the numbers of the respondent Nos.1(a) to 1(c) is allowed. Necessary correction be carried out forth with.
2.
This is an application filed by respondent Nos.1 to 3 for withdrawal of balance amount of Rs.18,58,563/- (Eighteen Lacs Fifty Eight Thousand Five Hundred and Sixty Three Only) deposited by the appellant/acquiring body towards the compensation.
3.
The reasons have been stated in the application. In view of the reasons stated in the application, the application is allowed.
4.
Respondent No.1 (c)-Vijay s/o Janardan Solav is allowed to withdraw 90% of the balance amount with
18 fa 818.16.odt..odt accrued interest on behalf of respondent Nos.1 to 3. Out of said 90% of the amount 70% is allowed to be withdrawn on furnishing usual undertaking to the effect that he will return the said amount in case the appeal is decided against him along with interests at the rate that will be determined by the Court and 30 % is allowed to withdraw on furnishing solvent surety.
6.
The amount be paid within four weeks.
7.
Application stands disposed of, accordingly.
(G. A. SANAP, J.) manisha