Executive Engineer, Bembla Canal Division, (V.I.D.C) Yavatmal v. Sau. Jyotibai Sudhakar Gedekar Thr. P.O.A. Holder Sudhakar V. Gedekar And Others

CAF2393-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.F. NO.2393/2017 IN FIRST APPEAL ST. NO.24805/2016 (EXECUTIVE ENGINEER, BEMBLA CANAL DIVISION (VIDC), YAVATMAL VERSUS SAU. JYOTIBAI SUDHAKAR GADEKAR & 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, counsel for the applicant.

Shri A.B. Nakshane, counsel for the NA-1.

Shri H.N. Jaipurkar, A.G.P. for the NA-2 & 3. CORAM : S .B. SHUKRE, J.

DATE : OCTOBER 05 , 2017.

Heard. For the reasons stated in the application, application is allowed. Delay is condoned. The appeal be registered.

The civil application stands disposed of.

F.A. ST. NO.

24805/2016.

Heard.

ADMIT.

Call for Record & Proceedings.

Learned counsel Shri A.B. Nakshane waives notice of final hearing on behalf of the respondent No.1. Learned Assistant Government Pleader Shri H.N. Jaipurkar waives notice of final disposal on behalf of the respondent Nos.2 and 3.

C.A.F. NO.3893/2017.

Heard.

CAF2393-17 Perused the impugned award and the grounds in this appeal. I am of the view that this application can be conditionally allowed and it is allowed accordingly. Respondent No.1 is permitted to withdraw 50% of the amount deposited in this Court on her furnishing usual undertaking and also permitted to withdraw remaining 50% amount deposited in this Court on her furnishing solvent surety to the satisfaction of learned Registrar, both to be furnished within 10 weeks from the date of this order. Paper Book be filed within one year.

The civil application stands disposed of.

JUDGE SHRIPAD