V.I.D.C., Corporation, Thr. Exe. Engineer, Lower Wardha Project Division, Wardha v. Prakash Sundarlal Kela And Others

fa837.24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) No.2578 OF 2024 IN FIRST APPEAL No.837 OF 2024 (VIDC, through its Executive Engineer, Lower Wardha Project Divisojn, Tq. and Distt. Wardha Vs. Prakash Sundarlal Kela 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. Ashwini Athalye, Advocate for appellant.

Mr. T.U. Tathod, Advocate for respondent No.1. Ms. H.S. Dhande, AGP for respondent Nos.2 and 3. C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 25 th SEPTEMBER, 2024.

1.

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

2.

Learned Advocate for the respondent No.1 pointed out that Rs.23,00,000/- was withdrawn by respondent No.1 deposited before Reference Court. 3.

The appellant has deposited Rs.68,84,141/- in this Court.

4.

Considering the huge amount, it would be proper to allow this application partly.

5.

The application is partly allowed.

6.

The applicant-respondent No.1 is permitted to withdraw 75% amount out of Rs.68,84,141/- deposited in this Court.

7.

The applicant-respondent No.1 is permitted to withdraw 50% amount on execution of usual undertaking

fa837.24.odt 2/2 and 25% amount on execution of solvent surety. 8.

The application is disposed of.

FIRST APPEAL No.

OF 2024.

1.

Heard.

2.

Admit.

3.

Stand over after six weeks.

(SANJAY A. DESHMUKH, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 26/09/2024 10:26:29