Bombay High CourtCAF/2801/2018admittedallwdgrantedrule absolute

Executive Engineer (V.I.D.C.) Bembla Project Division, Yavatmal And Another v. Smt. Asha Subhash Ghode And Others

2018-11-02Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

0211caf2801.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.2801/2018 IN FIRST APPEAL NO.1263/2017 Executive Engineer (V.I.D.C.), Bembla Project Division, Yavatmal Tal. And Dist. Yavatmal and another ...Versus...

Smt. Asha Subhash Ghode 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 M.A. Kadu, Counsel for appellants Shri R.S. Nagpure, Counsel for respondent nos.1 to 5/applicants Shri S.B. Bissa, AGP for respondent nos.6 and 7 CORAM : ARUN D. UPADHYE, J.

DATE : 02/11/2018 This is an application filed by the respondent nos.1 to 5/applicants for withdrawal of the amount of Rs.2,79,559/- deposited by the appellants in this Court. Heard the learned Counsel for the parties.

The learned Counsel for the appellants has submitted that at the most 75% amount be permitted to be withdrawn.

Having heard the learned Counsel for the parties and having gone through the contents of the application, I am of the view that the entire amount could be permitted to be withdrawn.

0211caf2801.18.odt In the result, the civil application is allowed. The respondent nos.1 to 5/applicants are permitted to withdraw the entire amount of Rs.2,79,559/- deposited by the appellants in this Court with accrued interest thereon, on the condition that the applicants shall furnish usual undertaking for 50% amount and for remaining 50% amount the applicants shall furnish solvent surety/security to the satisfaction of the Registrar (Judicial).

The civil application stands disposed of.

JUDGE Wadkar, P.S.