Vidarbha Irrigation Development ... vs Kisan Fattu Chawhan And Another
2021 Latest Caselaw 6040 Bom

                                        1                                                                                                                    FA 100.21

                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  NAGPUR BENCH : NAGPUR

                                  First Appeal No.100/2021
    (VIDC thr the Executive Engineer, Akola Irrigation Division, Akola V Kisan Chawhan and
                                           another)
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Office Notes, Office Memoranda of Coram,                                                                                             Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                            Shri K.P. Mahalle, Adv for appellant.
                            Shri Agnihotri, Adv for resp. no.1.
                            Ms Jaipurkar, AGP for resp. no.2.

                                        CORAM : S.M. MODAK, J.
                                        DATE : 05-04-2021.


                                                      Hearing was conducted through video conferencing and
                            the learned counsel agreed that the audio and visual quality was
                            proper.

                            2.                        The affidavit of the Assistant Executive Engineer of the
                            appellant is taken on record. He had given a convincing reason
                            for not depositing the amount earlier. It is taken on record.


                                                               Civil Application St. No.3278/2021

                                                      Heard learned Advocate Shri Agnihotri for the claimant/
                            respondent no.1, learned Advocate Shri Mahalle for appellant and
                            learned AGP for respondent no.2.
                            2.                        The appellant has already deposited                                                              an amount of
                            Rs. 1,82,90,103/-. Already this Court has permitted to withdraw
                            75% of the deposited amount in connected appeal bearing
                            St.no.10036/2019.                                    Hence,                   for the reasons stated in the
                            application, the following order is passed :-




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                         2                                                          FA 100.21

                                                  ORDER

(a) The Nazir is directed to transfer 75% of the deposited amount in the bank account of respondent no.1 on furnishing bank details and on personal identification.

(b) The respondent no.1 is directed to give an usual undertaking.

3. Application is disposed of.

First Appeal No.100/2021 Heard.

2. Admit.

3. Call R and P.

4. The learned Advocate Shri Agnihotri, waives notice on behalf of respondent no.1.

5. The learned AGP waives notice on behalf of respondent no.2.

Civil Application (F) No.1045/2019

As the appellant has deposited entire decretal amount, stay is granted to the execution of the judgment and decree till final disposal.

2. Application is disposed of.

(S.M. Modak, J.) Deshmukh