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Bombay High CourtCAF/3157/2025partly allowed

V.I.D.C., Through Executive Engineer, Purna Medium Project Division, Achalpur, Amravati v. Mr. Rajendra Uttamrao Sakhare And Others

2025-09-11Hon'Ble Shri Justice M. W. Chandwani2 pages

2025:BHC-NAG:8961 1 17 caf3157.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAF) NO. 3157 OF 2025 IN FIRST APPEAL NO. 885 OF 2025 V.I.D.C. THRU. EXEC.ENGINEER, PURNA MEDIUM PROJECT, ACHALPUR DIVN.

VERSUS

RAJENDRA UTTAMRAO SAKHARE AND OTHERS ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Ms. A. S. Athalye, Advocate for the appellant. Mr. Abhijeet Deshmukh, Advocate Advocate for respondent no.1 Ms. D. V. Sapkal, A.G.P. for non-applicant nos.2 and 3. CORAM : M. W. CHANDWANI, J.

DATE : SEPTEMBER 11, 2025.

1.

The applicant/respondent no.1 has filed this application to permit him to withdraw the amount of compensation deposited by the appellant, for which learned counsel for the appellant has objected. 2.

Having considered the reasons disclosed in the application and gone through the impugned judgment, I do not find substance in the objection raised by the learned counsel for the appellant. Hence, the application is partly allowed.

3.

The applicant/respondent no.1 is permitted to withdraw 75% of the total compensation amount along with accrued interest thereon on furnishing the usual undertaking.

4.

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

2 17 caf3157.25.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. 5.

List the appeal for final hearing in due course. (M.W.Chandwani, J.) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 11/09/2025 20:02:41