Bombay High CourtCAF/3867/2016ca disposed off

Vidarbha Irrigation Development Corporation, Through Its Executive Engineer, Wardha v. Padmavati Badrilal Jaiswal And 2 Others

2016-12-21Hon'Ble Shri Justice Sunil B. Shukre2 pages

caf.2124.14 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.2124 of 2014 in First Appeal Stamp No.2253 of 2014 (V.I.D.C. through its Executive Engineer, Lower Wardha Project Divn., Wardha vs.

Padmavati Badrilal Jaiswal 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 S.K. Bhoyar, Advocate for the Applicant/Appellant. Shri S. Lambat, Advocate for Respondent No.1. Shri K.R. Lule, A.G.P. for Respondent Nos.2 and 3.

CORAM

: S.B. SHUKRE, J.

DATE : 21 st DECEMBER, 2016.

Heard.

The learned Counsel for respondent No.1 has no objection. The learned A.G.P. states that appropriate orders be passed.

Perusal of the application discloses sufficient cause. The application is, therefore, allowed. The delay is condoned. The appeal be registered.

The application is disposed of accordingly.

First Appeal Stamp No.2253/2014 :

Heard.

Admit.

Call for record and proceedings.

Shri Lambat, learned Counsel waives notice for

caf.2124.14 2 respondent No.1 and Shri Lule, learned A.G.P. waives for respondent Nos.2 and 3.

Civil Application [CAF] No.3867/2016 :

Heard the learned Counsel for the applicantrespondent No.1. Having considered the reasons given in the impugned judgment and order, I am of the view that the application can be partly allowed.

The application is partly allowed. Respondent No.1 is permitted to withdraw 75% of the amount deposited in this Court against her furnishing an usual undertaking to the satisfaction of the learned Registrar (Judicial) within four weeks from the date of the order. Rest of the amount be invested as per rules.

The application is disposed of accordingly.

*sdw JUDGE