Executive Engineer (Vidc), Minor Irrigation Division, Washim v. Shri Ramrao Sadashiv Thakare And Others

caf.3431.16 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.3431 of 2016 in First Appeal No.1024 of 2015 (Executive Engineer [V.I.D.C.], Minor Irrigation Division, Washim vs.

Ramrao Sadashiv Thakare 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 J.B. Gandhi, Advocate for the Applicant/Respondent No.1. Shri V.G. Palshikar, Advocate for the Appellant. Shri K.R. Lule, A.G.P. for Respondent Nos.2 and 3.

CORAM

: S.B. SHUKRE, J.

DATE : 30 th NOVEMBER, 2016.

Heard the learned Counsel for the applicant/ respondent No.1, the learned Counsel for the appellant and the learned A.G.P. for respondent Nos.2 and 3. This application is strongly opposed by the learned Counsel for the appellant.

However, considering the overall facts and circumstances of the case, I am of the view that the interest of justice would be met if respondent No.1/claimant is permitted to withdraw 75% of the amount deposited in this Court by the appellant towards enhanced compensation against an usual undertaking to be furnished within two weeks from the date of the order.

The application is allowed and disposed accordingly.

*sdw JUDGE