V.I.D.C. Thr. Executive Engineer, Medium Irrigation Department, Amravati v. Shyam S/O Rupchandji Yadav And Others

2024:BHC-NAG:604 5 fa 10.24.odt..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 143 OF 2024 IN FIRST APPEAL NO.

OF 2024 V.I.D.C. through its Executive Engineer, Medium Irrigation Department, Amravati .Vs.

Shyam s/o Rupchandji Yadav and Ors.

_______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Ms Anjali Agrawal, Advocate h/f Ms Ashwini s. Athalye, Advocate for the appellant.

Shri R.J. Shinde, Advocate for respondent No.1. Mrs Mrunal Naik, AGP for respondent Nos.2 and 3. CORAM :

G.A. SANAP, J.

DATE :

16/01/2024 Heard.

2.

This is an application filed by respondent No.1 for withdrawal of amount of Rs.9,03,897/- ( Rupees Nine Lacs Three Thousand Eight Hundred and Ninety Seven Only) deposited by the appellant/acquiring body towards the compensation.

2.

The reasons have been stated in the application. In view of the reasons stated in the application, the application is allowed.

2.

Respondent No.1-Shyam s/o Rupchandji Yadav is allowed to withdraw 80% of the balance amount with accrued interest. Out of said 80% of the amount, 60% is allowed to be withdrawn on furnishing usual undertaking

5 fa 10.24.odt..odt to the effect that he will return the said amount in case the appeal is decided against him along with interest at the rate that will be determined by the Court and 20% is allowed to withdraw on furnishing solvent surety.

6.

The amount be paid within four weeks.

7.

Application stands disposed of, accordingly.

(G. A. SANAP, J.) manisha