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Bombay High CourtCAF/4414/2019ca disposed off

Vidarbha Irrigation Development Corporation Through Exe. Engineer, Minor Irrigation Division, Washi v. Vimalbai Ramdas Bhende And Another

2019-12-16Hon'Ble Shri Justice Vinay Joshi2 pages

Order 23CAF4414.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 4414/2019 IN FIRST APPEAL NO. 788/2019 V.I.D.C., Washim -VERSUSVimalbai Ramdas Bhende & anr.

Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

Mrs. U. A. Patil, Advocate for appellant.

Shri A.B. Darekar, Advocate for respondent No. 1. Shri K.L. Dharmadhikri, AGP for respondent No. 2. CORAM : VINAY JOSHI, J.

DATE : DECEMBER 16, 2019.

Heard.

2.

The respondent No. 1 is seeking for withdrawal of compensation amount. The learned counsel for respondent No. 1 would submit that this Court in Civil Application (F) No. 3866/2019 in First Appeal No. 622/2019 arising out of same village has permitted 100% withdrawal. The learned Assistant Government Pleader for respondent No. 2 stated that though the villages are same, however, the project is

Order 23CAF4414.19 different. In this circumstances, the respondent No. 1 is permitted to withdraw 50% compensation amount on furnishing usual undertaking and remaining 50% by furnishing solvent surety/security to the satisfaction of Registrar (Judicial) of this Court.

3.

Civil application stands disposed of.

JUDGE Gohane.