Bombay High CourtCAF/3347/2016admittedallwdgrantedrule absolute

Vidarbha Irrigation Dev. Corp., Through Executive Engineer v. Sambshiv Rajeshwar Belekar And 2 Others

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

1 FA 703.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR FIRST APPEAL NO.703 OF 2015 [Vidarbha Irrigation Development Corporation, through Executive Engineer, Minor Irrigation Division, Pusad, District-Yavatmal .vs. Sambshiv Rajeshwar Belekar 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 J.B. Kasat, Advocate with Shri Vinay Dahat, Advocate for the appellant, Shri V.D. Darne, Advocate for the respondent no.1, Shri S.A. Bissa, A.G.P. for the respondent nos.2 and 3. ..........

CORAM : Z.A. HAQ, J.

DATED : OCTOBER 10, 2016.

CIVIL APPLICATION [F] NO.3347 OF 2016 Heard.

For the reasons stated in the application and as the respondents will not be put to prejudice if the appellant is permitted to deposit the amount, the appellant is granted two weeks time to deposit the amount.

The civil application is allowed.

CIVIL APPLICATION [F] NO.1137 OF 2016 This is an application filed by the respondent no.1claimant praying for permission to withdraw the amount deposited by the appellant. The respondent no.1 has justified his prayer in the application.

Considering the reasons stated in the application, the respondent no.1 is permitted to withdraw the amount deposited by the appellant alongwith interest, if any, on filing an undertaking to the satisfaction of the learned Registrar (Judicial) of this Court to the effect that in case it is found at the

2 FA 703.15.odt time of hearing that the respondent no.1 is not entitled for the amount withdrawn by him, he shall redeposit it with the Registry of this Court with interest as would be determined by this Court, within two months.

The civil application is disposed in the above terms. JUDGE Gulande

3 FA 703.15.odt C E R T I F I C A T E "I certify that this order uploaded is a true and correct copy of original signed order."

Uploaded by : A.S. Gulande, P.A.

Uploaded on : 14.10.2016