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Bombay High CourtCAF/999/2024partly allowed

V. I. D. C. Through Executive Engineer, Minor Irrigation Division, Washim v. Manohar Gulabrao Galat And Another

2024-08-05Hon'Ble Shri Justice Sanjay Anandrao Deshmukh1 pages

2024:BHC-NAG:8672 1 10-CAF-999-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 999 OF 2024 IN FIRST APPEAL NO. 536 OF 2021 VIDARBHA IRRIGATION DEVELOPMENT CORPORATION Vrs.

MANOHAR GULABRAO GALAT AND ANOTHER -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mrs. U. A. Patil, Advocate for appellant.

Shri Amol Darekar, Advocate for respondent No.1. Shri M.A.Kadu, AGP for respondent No.2.

CORAM: SANJAY A. DESHMUKH, J.

DATE : 05/08/2024.

1.

This is an application for withdrawal of remaining amount deposited by the appellant as per the Award of the Reference Court.

2.

Learned advocate for the respondent No.1/claimant submits that already, 50% amount is withdrawn by the respondent No.1/claimant.

3.

Considering the peculiar set of facts, it would be proper to allow this application partly.

4.

The respondent No.1 is entitlled to withdraw 25% amount out of Rs.57,15,680/-.

5.

Application is, thus partly allowed and disposed of.

6.

List the appeal after four weeks.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 08/08/2024 11:22:15