State Of Maharashtra Through Its Collector, Yavatmal v. Kishor Rambhau Zoting And Others

2024:BHC-NAG:7845 1 8-CAF-1277-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1277 OF 2022 AND CIVIL APPLICATION (CAF) NO. 1836 OF 2024 IN FIRST APPEAL NO. 1946 OF 2019 EXECUTIVE ENGINEER, NIMNA PAINAGANGA PROJECT, YAVATMAL Vrs.

MR. KISHOR RAMBHAUJI ZOTING -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms. Seema Telang, Advocate for respondent No.1. Shri M.A.Kadu, AGP for respondent Nos.2 and 3. CORAM: SANJAY A. DESHMUKH, J.

DATE : 22/07/2024.

These applications are for withdrawal of the amount deposited by the appellant as per the award of the Reference Court.

Perused the application.

Heard learned Advocates for both sides.

Considering the reasons stated in the applications and facts and circumstances, the applications deserve to be partly allowed.

The respondent No.1 is entitled to withdraw 75% amount with accrued interest thereon.

Registry is directed to pay the amount to the respondent No.1 with accrued interest thereon. The applications are disposed of.

2 8-CAF-1277-22.odt CIVIL APPLICATION (CAF) NO. 2960 OF 2019 This is an application for grant of stay. Already amount is deposited and the Court has allowed the respondent No.1 to withdraw 75% amount along with accrued interest. There is no need to stay the decree of the Reference Court.

Application is, therefore, disposed of as infructuous.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 23/07/2024 17:49:05