Bombay High CourtCAO/1388/2017ca disposed off

Executive Engineer, Lower Wardha Project, Project Divison, Wardha v. Chandrakala W/O Govindprasad Jaiswal And Others

2017-09-29Hon'Ble Shri Justice Sunil B. Shukre2 pages

2909 CAF 1601-2017 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.F. No. 1601/2017 IN FIRST APPEAL ST. No. 1705/2017 (EXE. ENGINEER, LOWER WARDHA PROJECT DIVISION, DISTT. WARDHA -vsCHANDRAKALA GOVINDPRASAD JAISWAL AND OTHERS) ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri S.K. Bhoyar, counsel for appellant.

Shri C.R. Najbile, counsel for respondent nos.1 and 2. Shri M.A. Kadu, AGP for respondent nos.3 and 4. CORAM: S.B. SHUKRE, J.

DATE : SEPTEMBER 29, 2017.

Heard.

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

Application is disposed of.

FIRST APPEAL ST. No. 1705/2017.

Heard. ADMIT. Call for Record and Proceedings.

Shri Najbile, learned counsel waives service of notice for respondent nos.1 and 2 and learned AGP waives service of notice for respondent nos.3 and 4. Stand over to four weeks.

C.A.F. No. 1602/2017.

Heard. Appeal is admitted. The entire decretal amount has been deposited. Therefore, this

2909 CAF 1601-2017 2/2 application is allowed and stay is granted to the effect and operation of impugned award till final disposal of appeal.

Application is disposed of.

C.A.F. No. 1388/2017.

Heard.

Perused the impugned award and the grounds taken in the memo of appeal.

I am of the view that, this application can be partly allowed and it is allowed accordingly. The respondent nos.1 and 2 are permitted to withdraw the amount of Rs.45,00,000/-, on their furnishing usual undertaking within six weeks from the date of the order and remaining amount is directed to be invested in the Fixed Deposit Account with any nationalized bank, till final disposal of the appeal. Application is disposed of.

JUDGE Yenurkar