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Bombay High CourtCAF/3864/2018admittedallwdgrantedrule absolute

The Executive Engineer, Bembla River Project, Yavatmal v. Prakash Shankarrao Rangari And Others

2019-01-09Hon'Ble Shri Justice Arun Digambarrao Upadhye1 pages

912fa9934.18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 3864/2018 IN FIRST APPEAL NO. 934/2018 E.E., Bembla River Project, Yavatmal Dist. Yavatmal V/s Shri Prakash Shankarrao Rangari and others.

--------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri P.B. Patil, counsel for the applicant/appellant. Shri Rajesh Nagpure, counsel for non-applicant/respondent Nos. 1 to 3. Ms. Hemlata Jaipurkar, AGP for the non-applicant/respondent Nos. 4 and 5. CORAM: ARUN D. UPADHYE , J.

DATE: 09-01-2019.

Heard learned counsel for the parties.

Considering the submissions of both the sides and after going through the application, I am of the view that the non-applicant/respondent Nos.1 to 3 could be permitted to withdraw 50% amount deposited in the Registry of this Court on furnishing usual undertaking and further permitted to withdraw the remaining 50% amount on furnishing solvent surety to the satisfaction of the learned Registrar (Jud.) within six weeks.

The respondent Nos. 1 to 3 to furnish usual undertaking as well as surety within six weeks from the date of this order.

The civil application is allowed.

JUDGE rkn