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Bombay High CourtCAF/869/2026ca disposed off

V.I.D.C., Thr. Its Executive Engineer Project Construction Division, Amravati v. Dnyaneshwar Vishwanath Barwat And Others

2026-06-12Hon'Ble Shri Justice Pravin S. Patil2 pages

39-caf869.26.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) No.869 OF 2026 IN FIRST APPEAL ST. No.3883 OF 2025 (V.I.D.C. through its Executive Engineer Vs. Dnyaneshwar Vishwanath Borwat and others) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Ms. Shikha Vastani h/f. Mr. U.A. Gosavi, Advocate for applicant. Mr. Abhijeet Deshmukh, Advocate for respondent Nos..1 Mr. M.A. Kadu, AGP for respondent Nos.2 and 3. CORAM : PRAVIN S. PATIL, J.

DATE : 12 th JUNE, 2026.

1.

Heard.

2.

The applicant has vehemently argued the matter and insisted that for the reasons stated in the application, the delay of 36 days be condoned.

3.

Learned counsel for the respondents has strongly opposed the same. However, for the reasons stated in the application and the argument advanced by the applicant, delay of 36 days is condoned.

4.

The application is disposed of.

CIVIL APPLICATION (CAF) No.2010 OF 2026.

1.

By this application, the applicant is seeking withdrawal of principal amount deposited by the appellant before this Court.

2.

Perusal of the application shows that the applicant is seeking to withdraw the amount of Rs.4,24,788/- along with

39-caf869.26.odt 2/2 accrued interest thereon.

3.

Learned counsel for the applicant states that if entire amount is withdrawn then nothing will survives in the matter and, therefore, instead of 100%, 75% amount can be permitted to be withdrawn.

4.

Hence, for the reasons stated in the application, the application is allowed.

5.

The applicants/claimants are permitted to withdraw 75% of the amount deposited in the Court by appellant along with interest accrued thereon on furnishing usual undertaking. 6.

The application is disposed of.

(PRAVIN S. PATIL, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PS To Honourable Judge Date: 15/06/2026 17:17:00