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Bombay High CourtCAF/3557/2024ca disposed off

V.I.D.C., Through Executive Engineer, Purna Medium Project Division, Amravati v. Mohd. Hanajlamaj Mohd. Hanif, Through Guardian Father Mohd. Sujjauddin Patel And Others

2024-12-14Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

1 45caf3557.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.3557 OF 2024 IN FIRST APPEAL NO.319 OF 2024 [VIDC .vs. Mohd. Hanajlamaj Mohd. Hanif and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. S.M. Vyas, Adv. h/f Mr. U.A. Gosavi, Adv. for Appellant. Mr. Paras Rathi, Advocate for Respondent No.1. Mr. S.C. Joshi, AGP for Respondent Nos.2 and 3. ..........

CORAM : SANJAY A. DESHMUKH, J.

DATE : 14 th DECEMBER, 2024.

1.

This is an application filed by applicant-respondent no.1 for grant of permission to withdraw an amount of Rs.34,40,109/- deposited by the appellant.

2.

Perused the application.

3.

Heard the learned advocates for both sides.

4.

For the reasons stated in the application, the application is partly allowed.

5.

Registry is directed to pay 50% amount on usual undertaking and 25% amount on execution of solvent surety/security along with accrued interest thereon to the applicant-respondent no.1.

6.

The application is disposed of.

FIRST APPEAL NO.319/2024 1.

Heard.

2.

Admit.

3.

Filing of the paper is dispensed with, subject to providing the copies of depositions to the learned advocate for the respondents.

2 45caf3557.24.odt 4.

Mr. Paras Rathi, learned advocate waives notice for respondent no.1.

5.

Mr. S.C. Joshi, learned AGP waives notice for respondent nos.2 and 3.

6.

Stand over after six weeks.

(SANJAY A. DESHMUKH, J.) Gulande