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Bombay High CourtCAF/3706/2024ca disposed off

V.I.D.C. Thr. Executive Engineer, Bembla Project, Awadhootwadi, Yavatmal v. Dnyaneshwar Wamanrao Palekar And Others

2024-12-17Hon'Ble Shri Justice Sanjay Anandrao Deshmukh1 pages

2024:BHC-NAG:13790 25.25.fa.649..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.3706 OF 2024 IN FIRST APPEAL NO.649 OF 2019 VIDC, through EE, Yavatmal .Vs. Dnyaneshwar Wamanrao Palekar and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri M.A. Kadu, Advocate for appellant.

Shri S.B. Bissa, A.G.P. for respondents/State. Shri A.B. Nakshane, Advocate for respondent Nos.1 to 4. CORAM : SANJAY A. DESHMUKH, J.

DATED : 17/12/2024 1.

This is an application for modification of order dated 28.01.2021.

2.

The learned advocate for the appellant pointed out that claimants is not able to produce the solvent surety/security for getting 25% amount as per the order passed by this Court.

3.

Heard learned advocates for both sides.

4.

Perused the application.

5.

Considering real difficulty of the claimants, the application deserves to be allowed. The application is allowed. Registry is directed to pay remaining 25% amount to the claimants on execution of usual undertaking. The said amount be paid to the claimants in four equal proportion. 6.

Application is disposed.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate