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Bombay High CourtCAF/3211/2023allowed

V.I.D.C. Thr. Exe. Engineer, Medium And Minor Irrigation Div. (Old Purna Medium Proj.), Amravati v. Deepak Laxminarayanji Agrawal And Others

2023-10-19Hon'Ble Shri Justice Anil S. Kilor2 pages

30caf3211.2023..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 3211 OF 2023 (VIDC through its Executive Engineer, Medium and Minor Irrigation division Achalpur....Versus.... Deepak s/o. Laxminarayanji Agrawal and others) Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms. A Athaley, advocate for appellant.

Mr. R.J. Shinde, advocate for respondent no. 1. Mr. S. Joshi, AGP for respondent Nos. 2 and 3. CORAM : ANIL S. KILOR, J.

DATED : 19th OCTOBER, 2023.

This is an application for permission to withdraw the balance amount of compensation lying in the registry. The 50% amount has already been withdrawn by claimant - respondent No. 1 in pursuance to the order dated 29.11.2022. While allowing the respondent No. 1 to withdraw the amount, he was asked to give usual undertaking.

2.

In the present application, a prayer is made for withdrawal of remaining 50% amount of compensation by furnishing usual undertaking.

Belkhede

30caf3211.2023..odt 3.

The learned counsel for acquiring body has strongly opposed the application. She submits that the amount granted by the reference Court is exorbitant. 4.

Considering the above referred facts, I am of the opinion that the applicant shall be permitted to withdraw the amount with certain conditions. Accordingly, the application is allowed. The applicantclaimant is permitted to withdraw remaining amount subject to furnishing surety to the satisfaction of the Registrar of this Court. The applicant shall file an affidavit stating therein that if the applicant-claimant fails in the present matter, he would deposit back the amount of compensation in the Court within eight weeks from the date of such order.

FIRST APPEAL NO. 476 OF 2022 The appellant is directed to file private paper book within two weeks.

[ANIL S. KILOR, J.] Belkhede