Bombay High CourtCAF/3407/2014dispossed offdismiss for default

The Executive Engineer, Man Project Division, Vidarbha Irrigation Development Corproation, Khamgaon v. Vishnu Shaligram Thite And Another

2015-02-20Hon'Ble Shri Justice Z.A. Haq3 pages

1 caf3407.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.F. NO.3407/2014 IN FIRST APPEAL NO.714/2014 The Executive Engineer, Man Project Division, VIDC, Khamgaon ..Versus..

Vishnu Shaligram Thite and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 20.2.2015 Shri S.S. Godbole, the learned advocate for the appellant and Shri S.C. Mehadia, the learned advocate for the respondent no.1 submit that there is an error in the order passed on 10 th October, 2014 regarding the amount shown as Rs.5,22,295/-. According to the appellant the amount which is required to be deposited by it comes to Rs.3,58,114/-. Shri Mehadia, the learned advocate disputes this and submits that the appellant is liable to deposit the amount of

2 caf3407.14 Rs.5,22,295/-. However, both the learned advocates agree that the respondent no.1 can be permitted to withdraw the amount of Rs. 3,58,114/- deposited by the appellant. The respondent no.1 is accordingly permitted to withdraw the amount of Rs.3,58,114/- deposited by the appellant on furnishing the solvent security to the satisfaction of the Registrar (J.) of this Court and the respondent no.1 filing an undertaking to the satisfaction of the Registrar (J.) of this Court that if the appeal is allowed, the amount for which the respondent no.1 would be held as not entitled would be deposited by the respondent no.1 with the Registry of this Court with interest at the rate of 6% per annum.

The respondent no.1 is granted liberty to file appropriate application for directions to the appellant to deposit the balance amount, if so advised. The civil application is disposed of in the above terms.

3 caf3407.14 JUDGE Tambaskar.