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Bombay High CourtCAF/2783/2025allowed

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

2025-09-20Hon'Ble Shri Justice M. W. Chandwani2 pages

2025:BHC-NAG:9483 1 36 caf2783.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAF) NO. 2783 OF 2025 IN FIRST APPEAL NO. 126 OF 2024 V.I.D.G. THRU. EXE.ENGR., PURNA MEDIUM PROJECT, ACHALPUR

VERSUS

GANESH PANDURANG GAWANDE AND OTHERS ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. J. B. Kasat, Advocate for the appellant Mr. P. L. Rathi, Advocate for respondent no.1/applicant. Mr. H. D. Dubey, A.G.P. for respondent nos.2 and 3. CORAM : M. W. CHANDWANI, J.

DATE : SEPTEMBER 20, 2025.

1.

Heard.

2.

This is an application filed by respondent no.1 seeking permission to withdraw the amount deposited by the appellant.

3.

It is informed that in the connected appeals arising out of the same Award, this Court permitted the claimants to withdraw 75% of the compensation amount, to which the learned counsel appearing for the appellant concedes. 4.

In view of the above and for the reasons mentioned in the application, the applicant/respondent no.1 is permitted to withdraw 75% of the total compensation amount deposited by the appellant, along with accrued interest thereon, on furnishing usual undertaking. 5.

The Registrar (Judicial) is directed to transmit 75% of the total compensation amount, along with interest

2 36 caf2783.25.odt thereon, to the bank account of the applicant/respondent no.1 within six weeks upon his furnishing an undertaking and his bank account details to the Registry. 6.

The application is allowed and disposed of accordingly.

7.

List the appeal for final hearing in due course. (M.W.Chandwani, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 20/09/2025 19:23:49