V.I.D.C., Through Executive Engineer, Purna Medium Project Division, Achalpur v. Shrikrushna Rangrao Tharokar And Others

1 15.caf.98.2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 98 OF 2025 IN FIRST APPEAL ST. NO. 15876 OF 2023 VIDC, thr. Executive Engineer.

..vs..

Shrikrushna Rangrao Tharokar and anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N. Lapalikar, Advocate h/f Ms Athalye, Advocate for the appellant.

Shri A.P. Deshmukh, Advocate for the respondent no.1. Shri M.A. Kadu, AGP for the State.

CORAM: SANDIPKUMAR C. MORE, J.

DATE : 14/01/2025.

Heard rival submissions.

2.

The respondent no.1, who is the Original Claimant has filed this application for withdrawal of entire amount of compensation deposited by the appellant/Acquiring Body.

3.

However the learned Counsel for the Acquiring Body objected for withdrawal of entire amount of compensation.

4.

The learned Counsel for the respondent no.1/original Claimant relied on the order of this Court dated 14.12.2024 passed in other similar matters, wherein 75% of the deposited amount of compensation was permitted to be withdrawn.

5.

In view of the same, the respondent no.1/Original Claimant of the present application is also permitted to withdraw 75% of the entire deposited amount of compensation i.e. 50% on usual undertaking

2 15.caf.98.2025 and 25% on furnishing solvent surety/security to the satisfaction of the Registrar of this Court, along with the proportionate interest accrued thereon till date. 6.

The remaining amount be invested in FDR in any nationalized Bank on yearly renewal basis during the pendency of this Appeal.

7.

The application is accordingly disposed of.

CIVIL APPLICATION ST. NO. 3969 OF 2024 8.

The learned Counsel for the appellant/Acquiring Body seeks time to file document in respect of compliance of order dated 07.10.2023.

9.

Stand over to 28.01.2025.

(SANDIPKUMAR C. MORE , J.

) Trupti