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Bombay High CourtCAF/126/2025allowed

Executive Engineer Upper Wardha Project, B.Z.No. 1, V.I.D.C., Amravati v. Bhaurao Nagoji Shekar And Others

2025-01-16Hon'Ble Shri Justice Nitin B. Suryawanshi,Hon'Ble Shri Justice M. W. Chandwani2 pages

2025:BHC-NAG:571 58A. new.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.126 OF 2025 IN FIRST APPEAL NO.992 OF 2023 V.I.D.C. through Executive Engineer, Amravati .Vs. Bhaurao Nagoji Shekar and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri M.A. Kadu, Advocate for Applicant/Appellant. Shri R.D. Dharmadhikari, Advocate for Respondent Nos.1 to 2. Shri A.R. Chutke, A.P.P. for Respondent Nos.3 and 4 /State. CORAM : NITIN B. SURYAWANSHI AND M.W. CHANDWANI, JJ.

DATED : 16/01/2025 1.

Heard.

2.

This is an application for withdrawal of amount of compensation deposited by acquiring body. Reliance is placed on order passed by this Court in Civil Application (CAF) No.3533 of 2024 in First Appeal No.876 of 2023 which arose out of same acquisition. By the said order, claimant-Bhaurao Nagoji Shekar therein is permitted to withdraw 50% of amount on furnishing usual undertaking and 25% of amount on execution of solvent surety.

3.

Application is therefore, allowed in the same terms.

58A. new.odt 4.

Claimant-Bhaurao Nagoji Shekar is permitted to withdraw 50% amount along with proportionate accrued interest on furnishing usual undertaking and 25% of amount along with proportionate accrued interest on execution of solvent surety to the satisfaction of the Registrar (Judicial).

(M.W. CHANDWANI, J.) (NITIN B. SURYAWANSHI, J.) C.L. Dhakate