Vidarbha Irrigation Development Corp. Thr. Exe. Engineer, Bembla Irrigation Div., Yavatmal And ANR v. Sau Sunita Chandrashekhar Dhumne And Others

1 34a.fa.38.2022

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 3773 OF 2024 IN FIRST APPEAL NO.38 OF 2022 VIDC and anr.

..vs..

Sau. Sunita Chandrashekhar Dhumne and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- - - - - - - - - - - - - - - - - - - - - - - - - - Shri J.B. Kasat, Advocate for the appellant.

Shri S.R. Puddatwar, Advocate h/f Shri D.M. Kale, Advocate for respondent no. 1.

Ms Kavimandan, AGP for the State.

CORAM: SANDIPKUMAR C. MORE, J.

DATE : 23/01/2025.

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.

Admittedly, entire amount of compensation along with the interest is deposited by the appellant/Acquiring Body. However, this Court in other similar matter has permitted the Claimants therein to withdraw 75% of the entire compensation today itself. 4.

As such, present respondent no.1 is permitted to withdraw 75% of the deposited amount of compensation, along with proportionate interest accrued thereon till date on usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

5.

The remaining amount be invested in FDR in any nationalized Bank on yearly renewal basis during the

2 34a.fa.38.2022 pendency of this Appeal.

6.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE , J.

) Trupti