Bombay High CourtCAF/3324/2016ca disposed off

Vidarbha Irrigation Devp. Corp., Thr. Exe. Engineer, Lower Wardha Project Division, Wardha v. Tulsabai Krushnarao Nistane (Dead) And Others

2016-11-25Hon'Ble Shri Justice Sunil B. Shukre2 pages

fa.587.16 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.3324 of 2016 in First Appeal No.587 of 2016 (Vidarbha Irrigation Development Corporation vs.

Tulsabai Krushnarao Nistane and others) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri S.D. Chopde, Advocate for the Applicants/Res. Nos.2 to 4. Shri V.G. Palshikar, Advocate for the Non-Applicant/Appellant. Shri N.R. Rode, A.G.P. for Non-Applicant/Res. Nos.6 and 7.

CORAM

: S.B. SHUKRE, J.

DATE : 25 th NOVEMBER, 2016.

Heard the learned Counsel for the appellant, learned Counsel for respondent Nos.2 to 4 and the learned A.G.P. for respondent Nos.6 and 7. None appears for respondent No.5.

Respondent Nos.2 to 4 have filed this application seeking permission to withdraw the amount deposited by the appellant in this Court. Respondent No.5 is also a person having interest in the claim. He has, however, not staked any claim for withdrawal of the decretal amount. He is absent, though duly served.

In such a situation and also taking into consideration the grounds of appeal, I am of the view that interest of justice will be served if respondent Nos.2 to 4 are

fa.587.16 2 permitted to withdraw an amount of Rs.29.00 Lakhs subject to their furnishing an undertaking to the Court that in case of any adverse order being passed, they shall refund the amount together with accrued interest thereon within four weeks from the date of that order and accordingly they are granted the permission in these terms. An undertaking to be furnished within two weeks from the date of this order. The application is allowed and disposed of accordingly.

*sdw JUDGE