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Bombay High CourtCAF/1404/2024ca disposed off

V.I.D.C., Through Executive Engineer, Amravati Project Construction Division v. Suryabhan Narayanrao Khobragade And Others

2024-10-01Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

2024:BHC-NAG:11019 1 21-CAF-1404-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1404 OF 2024 IN FIRST APPEAL NO. 782 OF 2024 V. I. D. C. THROUGH THE EXECUTIVE ENGINEER, AMRAVATI PROJECT, AMRAVATI AND ANOTHER Vrs.

SURYABHAN NARAYAN KHOBRAGADE AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri P. B. Patil, Advocate for appellants.

Smt. S. W. Deshpande, Advocate for respondent No.1. Ms.Mukta Kavimandan, AGP for respondent Nos.2 and 3. CORAM: SANJAY A. DESHMUKH, J.

DATE : 01/10/2024.

1.

This is an application for withdrawal of amount deposited as per the award of the learned Reference Court.

2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Considering the grounds stated in the application, application deserves to be partly allowed. 5.

Application is allowed.

6.

Registry is directed to pay 75% amount out of deposited amount in the Court along with interest accured thereon to the respondent No.1.

7.

Registry is further directed to pay 50% amount on execution of usual undertaking and 25%

2 21-CAF-1404-24.odt amount on furnishing solvent surety to the respondent No.1.

8.

The application is disposed of.

FIRST APPEAL NO. 782 OF 2024 9.

Heard.

10.

Admit.

11.

Call for Record and Proceedings.

12.

Smt. S. W. Deshpande, learned advocate waives service of notice for respondent No.1. 13.

Ms.Mukta Kavimandan, learned AGP waives service of notice for respondent Nos.2 and 3. 14.

Stand over after four weeks.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 03/10/2024 18:26:27