V.I.D.C.,Through Exe. Engineer, Amravati Project Construction Division, Amravati v. Prabhat Prabhakar Patil (Dhepe) And Others

2023:BHC-NAG:16622 37caf3549-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CAF NO.3549 OF 2023 IN FIRST APPEAL st NO.2766 OF 2023 V.I.D.C.,THROUGH EXE. ENGINEER, AMRAVATI PROJECT CONSTRUCTION DIVISION, AMRAVATI VS PRABHAT PRABHAKAR PATIL (DHEPE) AND OTHERS ______________________________________________________________________________________________________________________________ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms Ashwini Athalye, Advocate for the Appellant/s Mr. Abhijeet Deshmukh, Advocate for the respondent No.1 Mr. Dubey, AGP for State 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.8,49,642/- 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

37caf3549-23.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 and 50 % of the amount on the undertaking i.e. 75 % of the total amount of Rs.8,49,642/- deposited by the appellants.

6.

The application is disposed of.

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