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Bombay High CourtCAF/3361/2014dispossed offdismiss for default

Maharashtra Industrial Development Corporation, Through Its Chief Executive Officer v. Naim Ahmad Mohammad Nasir And 2 Others

2015-04-27Hon'Ble Shri Justice A.S. Chandurkar1 pages

2704caf3361.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 3361 OF 2014 IN FIRST APPEAL NO. 7 OF 2012 M. I. D. C. Amravati Vs. Naim Ahmad Mohammad Nasir & Ors. ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri M. M. Agnihotri Adv for appellant.

Shri V. K. Barlinge Adv for respondent no. 1. Smt M. N. Hiwase AGP for respondent nos. 2 & 3. CORAM: A.S.CHANDURKAR J.

DATED: 27th APRIL, 2015.

Prayer is to permit the respondent to withdraw amount of enhanced compensation. It is stated that due to acquisition of aforesaid land the respondent has been rendered landless.

The prayer is opposed by learned counsel for the appellant on the ground that the respondent is not in a position to furnish any solvent surety. Considering the nature of evidence available on record the respondent is permitted to withdraw sum of Rs. 4,00,000/- subject to furnishing undertaking that in case the appeal is allowed said amount shall be repaid with interest at such rate the Court may direct. Civil application disposed of.

JUDGE svk