V.I.D.C., Thr. Executive Engineer, Purna Medium Project, Achalpur (Amravati Irrigation Division) v. Shakuntala Wd/O Shakar Tayade And Others

2024:BHC-NAG:13028 1 16-CAF-3446-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 3446 OF 2024 IN FIRST APPEAL NO. 553 OF 2024 VIDARBHA IRRIGATION DEVELOPMENT CORPORATION Vrs.

SHANKUNTALA SHANKAR @ SHANKARRAO TAYADE 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 J. B. Kasat, Advocate for appellant.

Shri Abhijeet Deshmukh, Advocate for respondent nos.1 to 6. Shri S. S. Hulke, AGP for respondent Nos.7 and 8. CORAM: SANJAY A. DESHMUKH, J.

DATE : 29/11/2024.

1.

This is an application for permission to withdraw the amount deposited by the appellant in this Court.

2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Considering the fact situation, it would be proper to allow this application partly as under :- i] Application is partly allowed.

ii] Registry is directed to pay 75% amount to the applicant.

iii] 50% amount be paid to the claimant on exeuction of usual undertaking and 25% amount be paid on execution of solvent surety / security.

2 16-CAF-3446-24.odt iv] Registry is further directed to pay that amount to the respondent No.1 - Shakuntala Shankar @ Shankarrao Tayade.

v] The amount of compensation of respondent No.3 - Rajesh @ Raju Shankar Tayde be paid to the respondent No.1 - Shakuntala Shankar @ Shankarrao Tayade.

vi] Rest of amount be paid to the claimants accordingly.

5.

The application is disposed of.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 30/11/2024 12:25:04