Disposed

V.I.D.C., Thr. Its Executive Engineer, Upper Wardha Dam Division Amravati v. Sulochana Jangluji Nandurkar (Dead) Thr. Lrs. Dashrath Jangluji Nandurkar and 2 Others

Bombay HC21 Oct 2022CAF/1164/2022

Case brief

AI extract

What is this about?

An application seeking withdrawal of 50% of the deposited amount by the acquiring body was granted. The court allowed 50% withdrawal, split equally between surety and undertaking.

What did the court decide?

Allowed withdrawal of 50% of deposited amount: 25% via undertaking and 25% via solvent surety.

What the court decided

V.I.D.C., Thr. Its Executive Engineer, Upper Wardha… — Writ and Judicial Review | Bombay HC (2022)

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6 CAF-1164-2022

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C IVIL APPLICATION (F) NO.1164 OF 2022

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FIRST APPEAL NO.1122 OF 2017

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{Vidarbha Irrigation Development Corporation ..Vrs.. Dashrath Jangluji Nandurkar and Ors.}

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Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

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Shri V. V. Dahat, Advocate for the Applicant/Appellant. Ms V. Umale, Advocate for Respondent No.1. Ms T. H. Udeshi, AGP for the Respondents No.2 and 3.

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CORAM : ABHAY AHUJA, J. DATE : 21st OCTOBER, 2022 .

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. This is an application seeking withdrawal of the amount deposited in this Court by the Appellant/Acquiring Body.

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Ms Umale, learned counsel for Respondent No.1 draws the attention of this Court to paragraphs 4 to 6 of the application to submit that the Respondent No.1/land holder being an old aged person diagnosed with cataract is in dire need of money.

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Shri Dahat, learned counsel for Applicant/Appellant has no objection, if the 50% of the amount allowed to be withdrawn by the Claimant and the appeal is heard expeditiously.

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Having heard learned counsel for the Claimant as well as the Acquiring Body and the learned Assistant Government Pleader, the following order is passed :

6 CAF-1164-2022

O R D E R

A) Let 50% of the amount deposited in this Court by the Acquiring Body be allowed to be withdrawn by the Respondent No.1/Claimant as under :

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A-i) 25% of the amount be allowed to be withdrawn on the basis of usual under taking.

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A-ii) 25% of the amount be allowed to be withdrawn on the basis of solvent surety to the satisfaction of the Registrar (J) of this Court.

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The civil application accordingly stands disposed.

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List the appeal for final disposal on 28.11.2022 .

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Registry to act accordingly.

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(JUDGE)

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TAMBE

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Digitally Signed By:ASHISH ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE Signing Date:22.10.2022 12:09

V.I.D.C., Thr. Its Executive Engineer, Upper Wardha Dam Division Amravati v. Sulochana Jangluji Nandurkar (Dead) Thr. Lrs. Dashrath Jangluji Nandurkar and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

V.I.D.C., Thr. Its Executive Engineer, Upper Wardha Dam Division Amravati v. Sulochana Jangluji Nandurkar (Dead) Thr. Lrs. Dashrath Jangluji Nandurkar and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

Coram

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