V.I.D.C. Nagpur Thr. Exe. Engineer, Medium And Minor Irrigation Division, Achalpur And Another v. Digambarrao Namdeorao Sable (Dead) Through Lrs. Durga Digambar Sable And Others

2024:BHC-NAG:7204 12.fa.1975.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2719 OF 2022 IN FIRST APPEAL NO.1975 OF 2019 V.I.D.C. through Executive Engineer, Achalpur and another .Vs. Digambarrao Namdeorao Sable through LRs Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri V.V. Dahat, Advocate for appellants.

Shri R.J. Shinde, Advocate for respondent No.1. Shri P.P. Pendke, Advocate for respondent Nos.2 and 3/State. CORAM : SANJAY A. DESHMUKH, J.

DATED : 09/07/2024 1.

This is an application for withdrawal of amount of Rs.7,79,239/- deposited by the acquiring body as per the award passed by the learned trial Court. 2.

Perused the application.

3.

Heard learned advocates for both side.

4.

Considering peculiar facts and submission of both side, it would be proper to allow the application partly. 5.

The respondent No.1 (a to c)/claimant are entitled to withdraw 75% amount with accrued interest thereon on execution of usual undertaking.

6.

Application is disposed of accordingly.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate