V.I.D.C., Through Executive Engineer, Purna Medium Project Division, Amravati v. Vishwas Ramchandra Gawande And Others

2024:BHC-NAG:13595 1 32-CAF-3595-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 3595 OF 2024 IN FIRST APPEAL NO. 316 OF 2024 VIDARBHA IRRIGATION DEVELOPMENT CORPORATION Vrs.

VISHWAS RAMCHANDRA 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 S. M. Vyas, Advocate h/f Shri U. A. Gosavi, Advocate for appellant.

Shri Abhijeet Deshmukh, Advocate for respondent No.1. Shri S. B. Bissa, AGP for respondent Nos.2 and 3. CORAM: SANJAY A. DESHMUKH, J.

DATE : 12/12/2024.

1.

This is an application for permission to withdraw amount of Rs.53,06,736/-.

2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Application deserves to be partly allowed as under :- i] Application is partly allowed.

ii] Registry is directed to pay 50% amount on usual undertaking along with accrued interest thereon and 25% amount on execution of solvent surety / security along with interest accrued thereon.

iii] Application is disposed of.

2 32-CAF-3595-24.odt FIRST APPEAL NO. 316 OF 2024 5.

Heard.

6.

Admit.

7.

Filing of paper book is dispensed with.

8.

Shri Abhijeet Deshmukh, learned advocate waives service of notice for respondent No.1. 9.

Shri S. B. Bissa, learned AGP waives service of notice for respondent Nos.2 and 3.

10.

Stand over after six weeks.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 13/12/2024 13:25:11