Executive Eng. (Vidc) Lowar Wardha Project Division Wardha v. Kantilalji Maganlalji Mandviya And Others

9CAF 4004.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 4004 OF 2019 IN FIRST APPEAL (FA) NO. 99 OF 2014.

(Executive Engineer (V.I.D.C.), Wardha Vs. Kantilalji Maganlalji Mandviya, Wardha (Since Dead, through LR's) & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri U.A. Gosavi, Advocate for the applicant/appellant. Shri Rohan Chandurkar, Advocate for respondent Nos. 1(a) to 1(e).

Ms. H.N. Jaipurkar, A.G.P. for respondent Nos. 2 and 3. CORAM : PUSHPA V. GANEDIWALA, J.

NOVEMBER 05, 2019.

This is an application filed by respondent No.1(d) for withdrawal of the amount deposited by the applicant/appellant - VIDC.

It is stated in the application that the applicant - VIDC has already deposited the entire decreetal amount of Rs.54,09,017/- (Rs. Fifty-four lakh nine thousand and seventeen) with the Registry of this Court on 04/07/2014.

It is further stated that vide order dated 14/10/2014, this Court had permitted respondent No.1 to withdraw 50% of the aforesaid amount on undertaking and remaining 50% on furnishing Solvent Security.

It is further stated that the legal heirs of respondent No.1 i.e. respondent Nos. 1(b), 1(c) and

9CAF 4004.19 1(e) have already withdrawn their share in 50% of the amount by giving undertaking.

In this view of the matter, respondent No.1(d) is also allowed to withdraw the amount as per the order passed by this Court on 14/10/2014. Civil Application is disposed of accordingly.

FIRST APPEAL (FA) NO. 99 OF 2014.

List the matter for final hearing on 03/12/2019.

JUDGE Sumit