Exe. Engineer, Minor Irrigation ... vs Ratan S/O Rambhau Kokate And ...
2023 Latest Caselaw 10160 Bom

023:BHC-NAG:3



                                                 1                                    51 F FA 751.23.odt..odt


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

                                CIVIL APPLICATION (CAF) NO. 1695 OF 2023
                                                  IN
                                      FIRST APPEAL NO.751 OF 2023
           (Executive Engineer, Minor Irrigation Division, Washim...Versus... Ratan s/o Rambhau Kokate and
                                                        others.)
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         Office Notes, Office Memoranda of                         Court's or Judge's Order
         Coram, appearances, Court's Orders
         or directions and Registrar's order
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                                   Shri P.B. Patil Advocate for appellant.
                                   Shri V.B. Gawali, Advocate for respondent No.1.
                                   Shri M.A. Kadu, AGP for respondent Nos 2 and 3/State.

                                                  CORAM : G. A. SANAP, J.

DATED : OCTOBER 3, 2023

Learned Advocate for the appellant submits that appellant has deposited the amount of compensation with accrued interests.

2. In view of this, the execution of the judgment and award is stayed till the disposal of appeal.

3. The application stands disposed of. CIVIL APPLICATION (CAF) NO. 2727 OF 2023

1. This is an application filed by respondent No.1 for withdrawal of amount of Rs.27,97,366/-- (Rupees Twenty Seven Lakhs Ninety Seven Thousand Three Hundred and Sixty Six Only) deposited by the appellant/acquiring body towards the compensation.

2. The reasons have been stated in the application. In view of the reasons stated in the application, the application is allowed.

3. Respondent No.1 is allowed to withdraw 90% of the balance amount with accrued interest. Out of said 90% of the 2 51 F FA 751.23.odt..odt

amount, 70% is allowed to be withdrawn on furnishing usual undertaking to the effect that he will return the said amount in case the appeal is decided against him along with interest at the rate that will be determined by the Court and 30% is allowed to be withdraw on furnishing solvent surety.

4. The amount be paid within four weeks.

5. Application stands disposed of, accordingly.

JUDGE

manisha

Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 05/10/2023 12:21:48