V.I.D.C. Thr. Exe. Engineer, Medium And Minor Irrigation Div., (Old Purna Medium Proj.), Amravati v. Deepak Rambhau Datir And Others

2024:BHC-NAG:8061 1 11-CAF-1618-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1618 OF 2024 IN FIRST APPEAL NO. 659 OF 2022 VIDARBHA IRRIGATION DEVELOPMENT CORPORATION Vrs.

DEEPAK S/O RAMBHAU DATIR AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms. Ashwini Athalye, Advocate for appellant.

Shri S. S. Shingane, Advocate for respondent No.1. Shri P. P. Pendke, AGP for respondent Nos.2 and 3. CORAM: SANJAY A. DESHMUKH, J.

DATE : 25/07/2024.

1.

This is an application for withdrawal of amount deposited by the appellant in this Court.

2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Considering the peculiar set of facts and the reasons stated in the application, the application deserves to be partly allowed.

5.

The application is allowed.

6.

Registry is directed to pay 75% amount to the respondent No.1 - claimant.

7.

50% amount be paid on usual undertaking and 25% amount be paid on furnishing solvent surety to the respondent No.1.

8.

The application is disposed of.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 29/07/2024 15:55:27