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

2024:BHC-NAG:13631 1 14-CAF-3621-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 3621 OF 2024 IN FIRST APPEAL NO. 558 OF 2024 VIDARBHA IRRIGATION DEVELOPMENT CORPORATION Vrs.

WADUDEO SAHEBRAO 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 J. B. Kasat, Advocate for appellant.

Shri Paras Rathi, 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 withdrawal of amount of Rs.80,60,913/-.

2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Application deserves to be partly allowed.

5.

Application is partly allowed as under :- i] The respondent No.1 is entitled to withdraw 75% amount along with accrued interest thereon.

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

6.

Application is allowed and disposed of.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 13/12/2024 18:56:22