Executive Engineer, Bembla Project Division, Yavatmal v. Umesh @ Suryakant Purushottam Gulwade And 2 Others

FA1040-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

CAF No. 4194 of 2017 in First Appeal No.1040/2017 (Executive Engineer , Bemble Project Division .vs. Umesh @ Suryawakant Purushottam Gulwade and ors. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. M.A. Kadu, Advocate for Appellant.

Mr. S.V. Ingole, Advocate for Respondent No.1. Mrs. M.A. Barabde, AGP for Respondent Nos. 2 and 3. CORAM : Manish Pitale, J.

DATED : January 17, 2018.

This is an application for permission to withdraw the amount of compensation deposited by the appellant before this Court. It is pointed out by the learned counsel appearing on behalf of the claimant/respondent no.1 that in another case arising from the same acquisition proceedings, the Reference Court has granted even a higher amount of compensation than which is granted in the present case. It is also contended that the claimant/respondent no.1 has also preferred a cross-objection in this appeal. Therefore, for the reasons stated in the application, the same is allowed and the claimant/respondent no.1 is permitted to withdraw the amount of compensation deposited by the appellant in this Court, on furnishing an undertaking that in the event the appeal is allowed, the claimant/respondent no.1 shall refund the amount to the appellant along with such interest as may be directed by this Court while passing final orders. Civil

FA1040-17.odt Application No. 4194 of 2017 is disposed of.

JUDGE halwai