V.I.D.C., Thr. Executive Engineer, Amravati Project Construction Division, Amravati And Other v. Nilesh Pralhadrao Gorate And Others

2023:BHC-NAG:16620 36caf3546-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CAF NO.3546 OF 2023 IN FIRST APPEAL st NO.406 OF 2023 V.I.D.C., THR. EXECUTIVE ENGINEER, AMRAVATI PROJECT CONSTRUCTION DIVISION, AMRAVATI AND OTHER VS NILESH PRALHADRAO GORATE AND OTHERS ______________________________________________________________________________________________________________________________ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. P.B. Patil, Advocate for the Appellant/s Mr. Abhijeet Deshmukh, Advocate for the respondent No.1 CORAM : ANIL S. KILOR, J.

DATE : 30.11.2023 1.

This is an application moved by the respondent No.1 for withdrawal of amount deposited by the appellants/VIDC. 2.

The appellants deposited Rs.12,57,178/- towards enhanced compensation granted by the Reference Court.

3.

The application is being opposed by the appellants on the ground that the appellants have a very good case on merits and there is every possibility that the appellants would succeed in the matter.

4.

In the circumstances, I am of the opinion that if the respondent No.1 is permitted to withdraw 25 % of the amount on furnishing solvent security and 50 % of the amount on an undertaking that if he fails in the present matter, he would deposit the amount back, the ends of justice would be subserved. Accordingly, the application is partly allowed. nd.thawre

36caf3546-23.odt 5.

The applicant/respondent No.1 is permitted to withdraw 25 % of the amount on furnishing solvent security and 50 % of the amount on the undertaking i.e. 75 % of the total amount of Rs.12,57,178/- deposited by the appellants.

6.

The application is disposed of.

[ANIL S. KILOR, J.] nd.thawre