The State Of Maharashtra Through Collector, Nagpur And 2 Others v. Shri Dnyaneshwar S/O Natthu Katlaam

2508fa247.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 920 OF 2014 AND CIVIL APPLICATION CAF) NO. 1946 OF 2015 IN FIRST APPEAL NO. 247 OF 2010 State of Maharashtra through Collector & Ors. Vs. Dnyaneshwar Natthu Katlaam ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Smt. Rashi Deshpande AGP for appellant.

Shri C. R. Najbile Adv for respondent.

CORAM: A.S.CHANDURKAR J.

DATED: 25th AUGUST, 2015.

Civil Application No. 920 of 2014: As the appellant has deposited the amount of compensation in terms of order dated 16.02.2015 the execution of the impugned award shall remain stayed during pendency of the appeal. Civil application disposed of.

Civil Application No. 1946 of 2015: Prayer is to permit the claimants to withdraw the amount of enhanced compensation deposited by the appellants. The reasons for seeking withdrawal are mentioned in paras 3 and 4 of the application.

The application is opposed by the learned counsel for the appellants. It is submitted that in case the permission is granted to the claimants, the interests of the appellant be duly protected.

2508fa247.15 The claimants are permitted to withdraw an amount of Rs. 8,00,000/- subject to furnishing undertaking in this Court that in case the appeal is allowed, the amount shall be repaid with interest at such rate the Court may direct.

Civil application is disposed of.

JUDGE svk