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Bombay High CourtCAF/104/2025ca disposed off

V.I.D.C., Through Executive Engineer, Purna Medium Project Division, Achalpur v. Ramnath Dhonduji Ingle And Others

2025-01-14Hon'Ble Shri Justice Sandipkumar Chandrabhan More2 pages

1 16.caf.2926.2023 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 104 OF 2025 IN FIRST APPEAL ST. NO. 15828 OF 2023 VIDC, thr. Executive Engineer.

..vs..

Ramnath Dhonduji Ingale @ Ingle 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 appellant/Acquiring Body objected for withdrawal of entire amount of compensation, the learned Counsel for the respondent no.1/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14.12.2024 passed in other similar matters, wherein 75% of the deposited amount of compensation was permitted to be withdrawn.

4.

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 i.e. 50% on usual undertaking and 25% on furnishing solvent surety/security to the satisfaction of

2 16.caf.2926.2023 the Registrar of this Court, along with the proportionate interest accrued thereon till date.

5.

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

6.

The application is accordingly disposed of.

CIVIL APPLICATION ST. NO. 3971 OF 2024 7.

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

8.

Stand over to 28.01.2025.

(SANDIPKUMAR C. MORE , J.

) Trupti