Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Yavatmal Project Construction And Another v. Sau. Jyoti Raju Chavan And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (O) No. 604 OF 2019 IN CIVIL APPLICATION (F) No.3436 OF 2017 IN F.A.St.No. 9352 OF 2017 IN FIRST APPEAL No.1646 OF 2019 VIDC, thr. Executive Engineer, Medium Irrigation Project Division, Yavatmal vs.

Sau. Jyoti Raju Chavan and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memorandum of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. Vinay Dahat, counsel for appellant.

Shri. .S. O. Ahmed, counsel for respondent No.1. Smt. A. R. Kulkarni, AGP for respondents No.2 & 3. CORAM : Manish Pitale J DATED : 09.10.2019 CIVIL APPLICATION (O) No. 604 OF 2019 This is an application filed on behalf of the respondent No.1 (original claimant) seeking permission to withdraw the amount of compensation deposited by the appellant in this Court.

2.

For the reasons stated in the application, and considering the nature of grounds of challenge raised in the appeal, it would be in the interest of justice that the respondent No.1 is permitted to withdraw the amount

2 / 4 cao604.2019 conditionally.

3.

Hence, the application is allowed and the respondent No.1 is permitted to withdraw the amount deposited by the appellant in this Court on filing usual undertaking before the learned Registrar(Judicial) within a period of four weeks from today.

CIVIL APPLICATION (F) No.3622 OF 2019 By this application the appellant is seeking restoration of order of stay dated 23.08.2017, which was a conditional order of stay whereby the appellant was supposed to deposit the amount of compensation within a stipulated period of time. As the amount could not be deposited within the said period of time, the order of interim stay appears to have been vacated. Considering the fact that now the appellant has deposited the amount in this Court, the interim order of stay dated 23.08.2017 passed by this Court stands restored and present application is allowed.

FIRST APPEAL (St.) No. 9360 OF 2017 The record shows that when this appeal was admitted on 02.05.2019, statement was made by the learned counsel appearing for the appellant that there had been some mistake in deposit of cheque towards compensation amount in the present case. Permission was sought to deposit the correct cheque and such permission was indeed granted.

3 / 4 cao604.2019 Thereupon, the appellant deposited correct cheque towards entire amount of compensation as granted by the Reference Court in the present case.

2.

The learned counsel appearing for the respondent (original claimant) submits that in fact an application for permission to withdraw the amount of compensation was filed, but in view of the mistake committed by the appellants, the said application could not be pressed at the relevant time. 3.

In this backdrop, it is submitted that since the appellants have now deposited the entire amount of compensation in this Court, the prayer made on behalf of respondent No.1 for withdrawal of amount may kindly be considered.

4.

Although a specific application is not on record and oral prayer is made, considering the peculiar facts and circumstances of the present case indicating that the application for withdrawal could not be pressed because of mistake committed by the appellant, it would be in the interest of justice not to insist upon a formal application for withdrawal of amount and that oral prayer made on behalf of respondent No.1 can be considered. Considering the nature of grounds raised in the appeal and also the fact that the total amount of compensation granted by the Reference Court in the present case is only Rs.12,64,771/-, the respondent No.1 is permitted to withdraw the amount deposited by the appellant in this Court by filing usual undertaking before the

4 / 4 cao604.2019 learned Registrar(Judicial) within a period of four weeks from today.

CIVIL APPLICATION (F) No.4421 OF 2017 Considering the fact that the appellants have now deposited the correct amount of compensation in this Court, the interim stay granted by this Court by order dated 23.08.2017 is confirmed and the application is disposed of. JUDGE KOLHE