V.I.D.C., Thr. Executive Engineer, Amravati Project Construction Division, Amravati And Other v. Murlidhar S/O Wamanrao Bhatkar And Others

2023:BHC-NAG:17736 caf1471-23 CORRECTED.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CAF NO.3544 OF 2023 IN FIRST APPEAL st NO.387 OF 2023 V.I.D.C., THR. EXECUTIVE ENGINEER, AMRAVATIPROJECT CONSTRUCTION DIVISION, AMRAVATI AND OTHER VS MURLIDHAR S/O WAMANRAO BHATKAR 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.16,75,514/- 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 nd.thawre

caf1471-23 CORRECTED.odt deposit the amount back, the ends of justice would be subserved. Accordingly, the application is partly allowed. 5.

The applicant/respondent No.1 is permitted to withdraw 25 % of the amount on furnishing solvent security or solvent Corrections carried out as per Court's order dated 25.04.2024 surety and 50 % of the amount on the undertaking i.e. 75 % of the total amount of Rs.16,75,514/- deposited by the appellants. 6.

The application is disposed of.

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