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Bombay High CourtCAF/1787/2024ca disposed off

The Deputy Chief Engineer, Central Railway Division, Ajani, Nagpur v. Trymbakrao Sadashiv Kadu And Others

2024-08-27Hon'Ble Shri Justice Sanjay Anandrao Deshmukh1 pages

2024:BHC-NAG:9666 1 20-D-CAF-1787-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1787 OF 2024 IN FIRST APPEAL ST. NO. 7663 OF 2023 THE DEPUTY CHIEF ENGINEER, CENTRAL RAILWAY DIVISION, NAGPUR Vrs.

TRYMBAKRAO SADASHIV KADU 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 N. P. Lambat, Advocate for appellant.

Shri Ashish Nakshane, Advocate for respondent No.1. Ms. Deepa Charlewar, AGP for respondent Nos.2 and 3. CORAM: SANJAY A. DESHMUKH, J.

DATE : 27/08/2024.

1.

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

2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

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

Registry is directed to pay 50% amount out of Rs.46,46,006/- along with accured interest thereon to respondent No.1 on furnishing usual undertaking and Power of Attorney Holder namely Durgesh Trymbakrao Kadu is allowed to sign and verify on behalf of respondent No.1. 6.

Application is partly allowed and disposed of. 7.

List the appeal after six weeks.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 29/08/2024 16:49:11