The Executive Engineer, Purna Medium Project Division, Achalpur v. Ganeshrao Sheshraoji Dhuldhar And 2 Others

911fa914.18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 4005/2018 IN FIRST APPEAL NO. 914/2018 Executive Engineer, Purna Medium Project Achalpur Divn.Dist. Amravati V/s Ganeshrao s/o Sheshraoji Dhuldhar and others. --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Mrs. A.A. Joshi, counsel for the applicant/appellant. Shri S.S. Shingane, counsel for the non-applicant/respondent No.1. Ms. H. Jaipurkar, AGP for the respondent Nos. 2 and 3. 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 No.1 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 No.1 to furnish usual undertaking as well as surety within six weeks from the date of this order.

Six months' time is granted for filing private paper-book.

The civil application is allowed.

rkn JUDGE