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Bombay High CourtCAF/3019/2024allowed

Executive Engineer Upper Wardha Project, B.Z.No. 1, V.I.D.C., Amravati v. Vijay Ramchandra Kapde And Others

2024-10-18Hon'Ble Shri Justice Sanjay Anandrao Deshmukh1 pages

2024:BHC-NAG:11744 1 5-CAF-3019-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 3019 OF 2024 IN FIRST APPEAL NO. 702 OF 2023 VIDC, THROUGH THE EXECUTIVE ENGINEER, UPPER WARDHA PROJECT, AMRAVATI Vrs.

VIJAY RAMCHANDRA KAPDE 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 M. A. Kadu, Advocate for appellant.

Shri R. D. Dharmadhikari, Advocate for respondent No.1. Ms.Hemlata Dhande, AGP for respondent No.2 and 3. CORAM: SANJAY A. DESHMUKH, J.

DATE : 18/10/2024.

1.

This is an application for withdrawal of amount deposited in this Court as per the award passed by the Authority.

2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Total amount of compensation is Rs.50,06,912/-.

5.

Considering the peculiar set of facts, it would be proper to allow this application partly.

6.

Application is partly allowed.

7.

Registry is directed to pay 50% amount on usual undertaking and 25% amount on execution of 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: 19/10/2024 10:56:26