Vidarbha Irrigation Development Corporation, Thr. Executive Engineer, Lower Wardha Project Division v. Sau. Kesharbai W/O Shyamsundar Chandak And 3 Others

fa.946.15 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.3427 of 2016 in First Appeal No.946 of 2015 (V.I.D.C., through its Executive Engineer, Lower Wardha Project Division, Wardha vs.

Sau. Kesharbai w/o Shyamsundar Chandak 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 V.B. Bhise, Advocate for the Applicant/Respondent Nos.1 and 2. Shri Abhijit Parihar, Advocate for the Appellant. Mrs. Kalyani Deshpande, A.G.P. for Respondent Nos.3 and 4.

CORAM

: S.B. SHUKRE, J.

DATE : 5 th JANUARY, 2017.

Heard.

Having considered the impugned judgment and order, I am of the view that this application can be partly allowed on usual condition. The application is, therefore, partly allowed.

The claimants are permitted to withdraw an amount of Rs.10.00 lakhs from out of the amount deposited in this Court by the appellant on conditions that for the 50% of the amount allowed to be withdrawn, the claimants shall furnish usual undertaking and for the remaining 50% of the amount, shall furnish a solvent surety, both to the satisfaction of the learned Registrar (Judicial) within four weeks from the date of the order. If there is any power of attorney holder

fa.946.15 2 having been conferred with power to receive the amount on behalf of the claimants, same shall be given effect to withdraw the amount after proper verification and identification by the learned Registrar (Judicial). Rest of the amount be invested as per rules.

The application is disposed of accordingly.

JUDGE *sdw