✦ Bombay High Court · 03 Nov 2023

The Executive Engineer, Kadava Kalava Division, Nashik v. Devidas Bajirao Bhalerao & Ors.

Interim Application No. 2108 of 2023NITIN B SURYAWANSHI

Case at a glance

Decided
03 Nov 2023
Bench
NITIN B SURYAWANSHI
Neutral citation
2023:BHC-AS:33531

Outcome

Disposed of

Application is disposed of

Key paragraphs

  • Para 66. Application is disposed of. (NITIN B. SURYAWANSHI, J.) Chittewan

Judgment

INTERIM APPLICATION NO.2108 OF 2023 IN FIRST APPEAL (ST.) NO.8351 OF 2022

1.

Shri Devidas Bajirao Bhalerao And Another … Applicants In the matter of : The Executive Engineer, Kadava Kalava Division, Nashik Versus Shri Devidas Bajirao Bhalerao And Others *** Mr. Sachin Gite for the Applicants. … Respondents Ms. Chaitrali A. Deshmukh for the Respondents. *** CORAM : NITIN B. SURYAWANSHI, J. P.C. DATE : 3 NOVEMBER 2023 . This is an application seeking withdrawal of the amount of compensation deposited by the Appellant before the Reference Court.

2.

2 Learned Counsel for the Appellant objects withdrawal of the entire amount of compensation on the ground that in case the appeal succeeds, it would be difficult to recover the amount from Chittewan Applicants. 35a. IA 2108-23.doc

3.

Learned Counsel for Applicants submits that the Applicants would furnish security to the extent of 50 per cent of the amount compensation and the balance 50 per cent will be withdrawn without furnishing any security.

4.

Having regard to the said aspect, the Applicants is granted relief in terms of prayer clause (a).

5.

Applicants are permitted to withdraw the entire amount of compensation. However, they shall furnish security to the extent of 50 per cent of the amount deposited by the Appellant in the Reference Court to the satisfaction of the Reference Court.

Operative part

6.

Application is disposed of. (NITIN B. SURYAWANSHI, J.) Chittewan

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Application is disposed of

Which court decided this case, and when?

Bombay High Court, on 03 Nov 2023. The bench was NITIN B SURYAWANSHI.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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