Executive Engineer, Minor ... vs Mohd. Rafik Abdul Rajjak And Other
2021 Latest Caselaw 16376 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR.

                    CIVIL APPLICATION (CAF) NO. 2360 OF 2021
                                        IN
                           FIRST APPEAL NO. 490 OF 2017

               Executive Engineer, Minor Irrigation Division, Pusad, Yavatmal
                                            Vs.
                            Mohd. Rafik Abdul Rajjak and oths.
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions            Court's or Judge's orders.
and Registrar's Orders.
                            Mr Abhijit Parihar, Advocate for the appellant
                            Shri Vaibhav N. Patre, Advocate for respondent No.1.
                            Ms S. S. Jachak, AGP for respondent Nos.2 to 4/State.


                            CORAM : A.S. CHANDURKAR AND
                                    G.A. SANAP, JJ.

                            DATE         : 25th NOVEMBER, 2021.

                                          Heard.

2. By this application, the claimant seeks modification of the order dated 10.08.2018 and seeks to withdraw the balance amount remained in deposit, by furnishing undertaking.

3. While granting stay to the execution of the award, the appellant was directed to deposit 60% of that amount. On 10.08.2018 the claimant was permitted to withdraw 50% of that amount on furnishing solvent

4.caf.2360.2021.odt

surety and balance 50% on filing an undertaking. 50% of that amount has been withdrawn by filing undertaking. According to the claimant, he is not in a position to furnish solvency of an amount of Rs.2,50,00,000/- for withdrawing further 50% of the amount. Hence, by this application, the claimant seeks modification of that order.

4. Perused the judgment of the reference Court. Considering the fact that the appellant has deposited 60% of the decreetal amount and the claimant has withdrawn half of that amount by furnishing undertaking. The claimant is permitted to withdraw further 20% of the amount lying in deposit subject to filing an undertaking that in case the appeal is restored and allowed, the amount withdrawn shall be repaid with interest at such rate the Court may direct. The balance amount shall remain invested in fixed deposit.

The civil application stands disposed of.

                                         JUDGE                                 JUDGE
Namrata