V. I. D. C. Through Executive Engineer, Bembla Project Canal Division, Yavatmal v. Chandrashekhar Wasudev Dhumane And Others

2025:BHC-NAG:486 1/2 26-CAF-32-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 32 OF 2025 IN FIRST APPEAL NO. 1047 OF 2019 VIDARBHA IRRIGATION DEVELOPMENT CORPORATION AND ANOTHER Vrs.

SHRI CHANDRASHEKHAR WASUDEO DHUMNE AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Vinay Rathi, Advocate h/f Mr. P. B. Patil, Advocate for appellants.

Mr. Sarvesh R. Puddatwar, Advocate for respondent No.1. Ms. M. R. Kavimandan, AGP for respondent Nos.2 & 3. -------------------------

CORAM

: SANDIPKUMAR C. MORE, J.

DATE : JANUARY 15, 2025.

1.

Heard rival submissions.

2.

The respondent No.1 - claimant, under this application, is seeking withdrawal of entire amount of compensation deposited by the appellant - Acquiring Body i.e. Rs.4,92,656/- i.e. 75% of the total compensation amount. 3.

Though the application is opposed by the learned counsel for the appellant - Acquiring Body, as per the order dated 06/05/2022 in other similar matters, this Court had granted withdrawal of 75% of the deposited amount to the claimants therein.

4.

Under such circumstances, the respondent No.1 claimant is also permitted to withdraw 75% of the deposited amount along with proportionate interest till date on furnishing

2/2 26-CAF-32-2025.odt solvent surety to the satisfaction of the Registrar (Judicial) of this Court. The remaining amount be invested in F.D.R. in any Nationalized Bank on yearly renewal basis during the pendency of this appeal.

5.

The application is disposed of.

(SANDIPKUMAR C. MORE, J.) Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 17/01/2025 11:25:59