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Bombay High CourtCAF/3850/2016ca disposed off

V. I. D. C., Through Its Executive Engineer, Purna Medium Project Division, Achalpur v. Sau. Rajanibai Avdhut Deshmukh And 2 Others

2016-11-30Hon'Ble Shri Justice Sunil B. Shukre1 pages

caf.3850.16 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.3850 of 2016 in First Appeal No.738 of 2016 (V.I.D.C., through its Executive Engineer vs.

Rajanibai Avadhut Deshmukh and others) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri R.J. Shinde, Advocate for the Applicant/Respondent No.1. Shri J.B. Kasat, Advocate for the Appellant.

Shri M.A. Kadu, A.G.P. for Respondent Nos.2 and 3.

CORAM

: S.B. SHUKRE, J.

DATE : 30 th NOVEMBER, 2016.

Heard.

Prayer is to permit respondent No.1 to withdraw the amount of enhanced compensation. It is submitted that in similar matters, this Court has permitted the claimants therein to withdraw 50% of the amount on furnishing undertaking and remaining amount subject to furnishing solvent surety. The fact of similar permission being granted is not contested by the learned Counsel for the applicant. Hence, respondent No.1 is permitted to withdraw 50% of the amount of enhanced compensation subject to furnishing usual undertaking. Remaining amount of 50% is permitted to be withdrawn subject to furnishing solvent surety to the satisfaction of the Registrar (Judicial).

The civil application is allowed and disposed of accordingly.

*sdw JUDGE