V.I.D.C., Thr. Executive Engineer, Purna Medium Project, Achalpur (Amravati Irrigation Division) v. Suresh S/O Ramrao Gawande And Others

2024:BHC-NAG:13405 1 5-CAF-3541-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.3541 OF 2024 IN FIRST APPEAL NO. 862 OF 2023 VIDARBHA IRRIGATION DEVELOPMENT CORPORATION Vrs.

SURESH RAMRAO GAWANDE 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 Vinay Dahat, Advocate h/f Shri J. B. Kasat, Advocate for appellant.

Shri Paras Rathi, Advocate h/f Shri Abhijeet Deshmukh, Advocate for respondent No.1.

Ms.Hemlata Dhande, AGP for respondent Nos.2 and 3. CORAM: SANJAY A. DESHMUKH, J.

DATE : 09/12/2024.

1.

This is an application for permission to withdraw an amount of Rs.8,29,312/- deposited in this Court as per the award of the Reference Court. 2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Application deserves to be partly allowed.

5.

Registry is directed to pay 75% amount along with accrued interest thereon to the respondent No.1claimant. 6.

Registry is further directed to pay 50% amount on usual undertaking and 25% amount on execution of solvent surety / security to the respondent No.1-claimant. 7.

Application is partly allowed and disposed of. [SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 10/12/2024 11:50:08