This court allowed a claimant to withdraw 50% of deposited amount on undertaking refund with interest upon appeal allowance, permitting the remaining 50% on furnishing solvent surety.
Permitted withdrawal of 50% of deposited amount on undertaking and remaining 50% on furnishing solvent surety.
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2408 FA 952-2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
FIRST APPEAL No. 952/2017
(THE EXE. ENGINEER, LOWER WARDHA PROJECT DIVISION, WARDHA -vs- SATISH RAMDASJI KADU AND OTHERS)
Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.
Court's or Judge's Orders.
Shri V.G. Palshikar, counsel for appellant. Shri C.R. Najbile, counsel for respondent nos.1 and 2. Shri M.A. Kadu, AGP for respondent nos.3 and 4.
CORAM: S.B. SHUKRE, J.
DATE : AUGUST 24, 2017.
Heard.
The counsel note is taken on record.
In view of it, Shri S.G. Jagtap and Shri S.S. Godbole, are discharged as counsel for the appellant. Shri V.G. Palshikar, counsel, now appears for the appellant.
C.A.F. No. 3396/2017 IN F.A. No.952/2017.
Heard.
In the similar matter, this Court has permitted the claimant to withdraw the amount deposited in this Court on furnishing solvent surety and undertaking on 50% basis. Therefore, I see no difficulty in allowing this application in a similar fashion.
Accordingly, the claimant is permitted to withdraw 50% of the amount deposited in this Court on giving an undertaking that in case the appeal is allowed,
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2408 FA 952-2017
the amount withdrawn shall be refunded with interest at such rate as may be directed by the Court and is also permitted to withdraw remaining 50% of the amount, on his furnishing solvent surety to the satisfaction of the learned Registrar.
Application is disposed of accordingly.
JUDGE
Yenurkar
1 issue framed by the court
Whether the claimant be permitted to withdraw the deposited amount on furnishing solvent surety and undertaking.
1 provisions across 1 enactments
The Exec. Engineer, Lower Wardha Project Division, Wardha
Satish Ramdasji Kadu and Others
S.B. Shukre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
