V.I.D.C., Through Exe. Engineer, Lower Wardha Project Division, Wardha v. Pradeep Purushottam Loyalka And Others

fa560.24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) No.2617 OF 2024 IN FIRST APPEAL No.560 OF 2024 (VIDC, through its Executive Engineer, Lower Wardha Project Division, Tq. and Distt. Wardha Vs. Pradeep Purushottam Loyalka 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 Nos.1 and 2 Ms. H.S. Dhande, AGP for respondent Nos.3 to 5 and 6. 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Learned Advocate for the respondent Nos.1 and 2 pointed out that Rs.63,02,295/- was withdrawn by respondent Nos.1 and 2 deposited before Reference Court. 3.

The appellant has deposited Rs.1,81,58,173/- 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 Nos.1 and 2 are permitted to withdraw 50% amount out of Rs.1,81,58,173/- deposited in this Court.

7.

The applicant-respondent No.1 is permitted to withdraw 25% amount on execution of usual undertaking

fa560.24.odt 2/2 and 25% amount on execution of solvent surety. 8.

The application is disposed of.

FIRST APPEAL No.560 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 10:27:06