Vidarbha Irrigation Development ... vs Bandish Rambhau Pimpare And ...
2021 Latest Caselaw 12345 Bom

26CAF 1729.2021                                                                               1

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR.
                 CIVIL APPLICATION (F) NO. 1729 OF 2021
                    IN FIRST APPEAL NO. 1680 OF 2019
 (Vidarbha Irrigation Development Corporation Vs. Bandish s/o Rambhau Pimpare & Ors.)
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions            Court's or Judge's orders.
and Registrar's Orders.

                                Shri Y.J. Chandurkar, Advocate h/f Shri J.J.
                                Chandurkar, Advocate for the appellant.
                                Shri S.V. Ingole, Advocate for respondent No.1.
                                Ms. Shamsi Haider, A.G.P. for respondent Nos.2 and
                                3.
                                                          .....

                                               CORAM : PUSHPA V. GANEDIWALA, J.

SEPTEMBER 01, 2021.

Heard.

2] This is an application filed on behalf of the applicant/ respondent No.1 seeking withdrawal of the entire decreetal amount deposited by the appellant.

3] It is stated that the appellant has deposited an amount of Rs.9,36,791/- with the Registry of this Court vide Pursis St. No. 11715/2019 dated 28/08/2019.

4] I have perused the impugned judgment and award and the reasons mentioned in the application.

5] It is stated that respondent No.1/ claimant has already withdrawn principal amount towards compensation from the Reference Court.

6] Given the aforesaid submissions, so also considering the amount involved, respondent No.1/ claimant is permitted to withdraw 50% of the decreetal amount (Rs.9,36,791/-) with interest accrued thereon on furnishing usual undertaking before the Registrar (Judicial).

7] Civil Application stands disposed of.

FIRST APPEAL NO. 1680/2019.

                             8]           Admit.

                             9]           Shri S.V. Ingole, learned counsel, waives

service of notice for respondent No.1.

10] Ms. Shamsi Haider, learned A.G.P, waives service of notice for respondent Nos.2 and 3.

JUDGE Sumit