Bombay High CourtCAF/3316/2016admittedallwdgrantedrule absolute

Union Of India, Through Dy. Chief Engineer (Nirman), Ajni Madhya Railway, Nagpur v. Shri Tulshiram S/O Jaisiram Malode And 2 Others

2016-10-07Hon'Ble Shri Justice Z.A. Haq3 pages

1 caf3316.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO.3316 OF 2016 IN FIRST APPEAL NO.802 OF 2016 (Dy. Chief Engineer (Nirman), Ajni, Madhya Railway, Nagpur ..vs.. Shri Tulshiram s/o Jaisiram Malode and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A. Parihar, Advocate for the appellant, Shri C.R. Najbile, Advocate for the respondent Nos.1 and 2, Mrs. A.R. Kulkarni, AGP for the respondent No.3. CORAM : Z.A. HAQ, J.

DATED : 07-10-2016 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 Nos.1 & 2/claimants are 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 Nos.1 & 2/claimants on furnishing undertaking before the learned Registrar (Judicial) of this Court stating that if it is found that the claimants are not entitled for the amount withdrawn by

2 caf3316.16 them, they will redeposit the amount with the registry of this Court alongwith interest as may be determined, within two months. The amount be transmitted in the joint account of the respondent Nos.1 & 2/claimants after both the claimants furnish surety/security and undertaking.

The civil application is allowed accordingly. JUDGE adgokar

3 caf3316.16 CERTIFICATE I certify that this Order uploaded is a true and correct copy of original signed Order.

Uploaded by : P.M. Adgokar.

Uploaded on : 10-10-2016.

P.A. to Hon'ble Judge.