Executive Engineer, Medium Project Division, Yavatmal v. Smt. Ushatai Ramdas Dhage And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) No.1574 OF 2024 IN FIRST APPEAL No.353 OF 2024 (Executive Engineer, Medium Project Division, Yavatmal, Tq. and Distt. Yavatmal Vs. Smt. Ushatai Ramdas Dhage and others) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Ms. I.P. Khisti, Advocate for appellant.

Mr. S.S. Sheikh, Advocate for respondent No.1. Mr. P.P. Pendke, AGP for respondent Nos.2 and 3. C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 26 th JUNE, 2024.

1.

This is an application for permission to withdraw the compensation amount deposited by the appellant as per the award passed by the trial Court. 2.

Heard both sides.

3.

Considering peculiar set of facts, the application is partly allowed.

4.

The applicant-respondent No.1 is permitted to withdraw 75% amount, deposited under award, with interest accrued thereon on furnishing undertaking that if the application is allowed, he shall re-pay the amount. 5.

The application is, therefore, allowed with direction to pay 75% amount upon furnishing of undertaking.

6.

The application is disposed of.

fa353.24.odt 2/2 FIRST APPEAL No.353 OF 2024.

1.

Learned Advocate for the appellant seeks eight weeks time to file paper book. Time is granted. 2.

Stand over after eight weeks.

(SANJAY A. DESHMUKH, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 27/06/2024 12:59:05