Vidarbha Irrigation Development Corp., Thr. Executive Engineer, Bembla Project Division, Yavatmal v. Raghunath Keshav Dhage And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR CAF No. 1319 of 2017 In FA (St) No. 21164/2016 Appellant :

VIDC versus Respondents :

Raghunath and ors Shri J. B. Kasat, Advocate for appellant Shri A. B. Nakshane, Advocate for respondent no. 1 Coram : S. B. Shukre, J Dated : 9th October 2017 P.C.

CAO No. 1319 of 2017 : Applicant is the acquiring body who would be bearing the liability to pay compensation. Therefore, applicant would be a necessary party and as such, this application is allowed. Leave to file appeal granted. Disposed of.

CAF No. 4015 of 2017 : Heard. For the reasons stated in the application, application is allowed. Delay is condoned. Disposed of. Appeal be registered. FA (St) No. 21164/2016: Heard. Admit. Call for Record and Proceedings. Shri A. B. Nakshane, learned counsel waives notice for respondent no. 1 while Ms Jaipurkar, learned Assistant Government Pleader waives notice for respondents no. 2 and 3. Paper Book be filed within one year.

CAF No. 4016 of 2017 : Heard. Entire decretal amount has been deposited by the appellant in this Court. Therefore, there shall be stay to the effect and operation of the impugned judgment and decree pending final disposal of the appeal. Disposed of.

CAF No. 3792 of 2017 : Heard. Perused the impugned Award. I am of the view that respondent no. 1 can be permitted to withdraw part of the amount deposited in this Court and as such, this application is partly allowed. Respondent no. 1 is permitted to withdraw 75% of the amount deposited in this court on his furnishing usual undertaking to the satisfaction of the Registrar (Judicial) within ten weeks from today. Disposed of.

JUDGE joshi