Bombay High CourtCAF/3056/2014dispossed offdismiss for default

Vidc Through Exe. Eng. Minor Inrrigation Divi. Pusad v. Nathuji Ramchandra Belekar (D) Through Its Lrs Smt Mangala Wd/O Nathuji Belekar And Others

2015-02-11Hon'Ble Shri Justice Z.A. Haq2 pages

1102caf3056.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION F. NO.3056/2014 AND CIVIL APPLICATION F. NO.227/2015 IN FIRST APPEAL NO.1081/2013 Vidarbha Irrigation Development Corporation, through Executive Engineer, Minor Irrigation Division, Pusad ...Versus...

Nathuji Ramchandra Belekar (Since Dead) through his L.Rs. Smt. Mangala wd/o Nathuji Belekar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Vinay Dahat, Advocate for appellant Mrs. B.P. Maldhure, AGP for respondent nos.2 and 3 CORAM : Z.A. HAQ, J.

DATE : 11.02.2015 For the reasons stated in the applications, the appellant is permitted to deposit the balance amount. The amount shall be deposited within two weeks, failing which the interim order granted by this Court shall stand vacated without reference to the Court.

The civil applications are disposed of in the above terms.

CIVIL APPLICATION F. 1/2015 None appears for the respondent nos.1-A to 1-C and 1-E.

Considering the facts of the case, the respondent nos.1-A to 1-C and 1-E are permitted to withdraw 50% of the

1102caf3056.14.odt amount on furnishing solvent surety to the satisfaction of the learned Registrar (Judicial) of this Court. The balance 50% of the amount shall be given to the respondent nos.1-A to 1-C and 1-E on filing separate undertakings by them to the satisfaction of the Registrar (Judicial) of this Court, stating that if at the time of hearing it is found that the respondents are not entitled for the amount withdrawn by them, they will deposit the amount with interest as would be determined by this Court within stipulated time.

The civil application is allowed in the above terms. JUDGE Wadkar