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Bombay High CourtCAF/1306/2026disposed off

Executive Engineer, Bembla Project Division, Yavatmal v. Chetan Narayan Mohakar And Others

2026-03-27Hon'Ble Smt. Justice M. S. Jawalkar , Hon'Ble Shri Justice Nandesh Shankarrao Deshpande2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (F) NO. 1306/2026 IN FIRST APPEAL NO. 1062/2016 Executive Engineer, Bembla Project Division, Yavatmal ..versus..

Chetan Mohakar & others ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders ●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●●● Shri S.U. Nemade, Advocate for the Respondent Nos. 1-3 Shri N.R. Patil, AGP for the Respondent/State CORAM:- M.S. JAWALKAR & NANDESH S. DESHPANDE, JJ. MARCH 27, .

The present Application is filed by the Respondent Nos. 1 to 3 - original Claimants for grant of permission to furnish undertaking for the purpose of withdrawal of the deposited decreetal amount. (2) It is submitted that this Court, vide order dated 03/10/2025, permitted the Respondent Nos. 1 to 3 to withdraw 60% of the entire decreetal amount i.e. Rs. 55,09,331/-, upon furnishing usual undertaking for 50% amount and furnishing solvent surety for remaining 50% amount.

(3) It is submitted that the solvent surety is already furnished. However, due to old age and sickness, the original Claimants could not ..

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3caf1306.26 3caf1306.26 furnish the undertaking as required. Now, the Respondent Nos. 1 to 3 are ready to furnish the undertaking.

(4) For the reasons stated in the Application, the Application is allowed. The Respondent Nos. 1 to 3 - original Claimants are permitted to furnish the undertaking within a period of one week. Office to see whether the physical attendance of the Respondent Nos. 1 to 3 are required or not.

(5) The Application stands disposed of.

(NANDESH S. DESHPANDE, J.) (M.S. JAWALKAR, J.) ..

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