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Bombay High CourtCAF/3001/2024ca disposed off

V.I.D.C. Through Its Executive Engineer, Yavatmal Project Constructions Division v. Savita Nilkanthrao Dhengale And Others

2024-10-16Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.3001 OF 2024 IN FIRST APPEAL NO.245 OF 2022 [Vidarbha Irrigation Development Corporation .vs. Savita Nilkanthrao Dhengale and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Ashwini Athalye, Advocate for the appellant. Mr. A.B. Nakshane, Advocate for applicant-respondent no.1. Ms. H.S. Dhande, AGP for respondent nos.2 and 3. ............

CORAM : SANJAY A. DESHMUKH, J.

DATE : 16 th OCTOBER, 2024.

1.

Heard the learned Advocates for both the sides. 2.

This application is filed by the applicant-respondent no.1 for withdrawal of the amount deposited in the reference court as well as this court.

3.

Learned Advocate for the applicant-respondent no.1 submitted and pointed out that the appellant-VIDC has deposited the total principal amount of Rs.41,99,099/- before the Reference Court, Yavatmal in LRD No.19/2023 and interest amount of Rs.38,63,605/- before this Court. He prayed for withdrawal of 75% amount. He also seeks permission to withdraw entire amount of Rs.41,99,099/- from the Reference Court and only an amount of Rs.18,47,929/- out of the amount deposited in this Court.

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Considering his prayer, the application deserves to be allowed, as prayed.

5.

Reference Court, Yavatmal is directed to pay Rs.41,99,099/- to the applicant-respondent no.1 on usual undertaking and Registry of this court is directed to pay Rs.18,47,929/- to the applicant-respondent no.1 along with interest accrued thereon, on usual undertaking. 6.

The application is allowed and disposed.

(SANJAY A. DESHMUKH, J.) Gulande