Executive Engineer Lower Pus Project Pusad Tah. Pusad Yavatmal v. Damdu Babanrao Rathod And Others

1311caf4066.17 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.4066 OF 2017 IN FIRST APPEAL NO.800 OF 2017 (Vidarbha Irrigation Development Corporation vs. Damdu Baban Rathod 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 A.B. Nakshane, Advocate for applicant/respondent no.1. Shri A. Parihar, Advocate for appellant.

Shri M.J. Khan, Assistant Government Pleader for respondent nos.2 and 3.

-------- CORAM : P.N. DESHMUKH, J.

DATED : NOVEMBER 13, 2017 This application is filed by respondent no.1 for withdrawal of entire decretal amount deposited by appellant to the extent of Rs.24,62,582/- contending that in First Appeal No.972/2017 arising out of same award, this Court has allowed appellant therein to withdraw 75% of the amount deposited on furnishing usual undertaking and remaining 25% on furnishing solvent surety. Copy of order dated 21/9/2017 tendered at Bar is taken on record.

In that view of the matter, applicant/ respondent no.1 is allowed to withdraw 75% of the amount deposited as aforesaid on furnishing usual undertaking to the satisfaction of Registrar (Judicial) and remaining 25% on furnishing solvent surety to the satisfaction of Registrar (Judicial).

The civil application is disposed of as allowed.

JUDGE khj