Vidarbha Irrigation Development Corp. Thr. Ex. Engineer v. Kawadu S/O. Narayan Tandulkar And Others.

FA818-13 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.F. NO.3536/2014 IN FIRST APPEAL NO. 818/2013 (V.I.D.C. VERSUS KAWADU NARAYAN TANDULKAR & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Agrawal h/f Shri P.B. Patil, counsel for the appellant/non-applicant. Shri A.L. Deshpande, counsel for the R-1 & 2. Mrs. K.R. Deshpande, counsel for the R-3.

CORAM : B.R. GAVAI AND MRS. MRIDULA BHATKAR, JJ.

DATE : JANUARY 19 , 2015 .

This is an application for withdrawal of the amount. This Court had, by an order dated 20.08.2013, granted stay on the condition of deposit of 50% of the amount granted under the Award.

Taking into consideration that the enhancement granted is approximately additional 50% than what was granted by the reference Court, we are inclined to allow the application though the same is vehemently opposed by the counsel for the appellant.

Hence, the application is partly allowed. The applicants are permitted to withdraw 50% of the amount as deposited in this Court on the undertaking of the applicants that in the event if it is found that they are required to refund any amount, they shall return the same within the time specified by this Court. The application is disposed of accordingly.

JUDGE JUDGE APTE