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Bombay High CourtCA/1134/2024admittedallowedgrantedrule absolute

Deepak Pandharinath Chavan (Died) Thr Lrs Surekha Deepak Chavan And ANR v. Ex. Engineer, Nandur Madhmeshwar Canal Div. Vaijapur Under Gmidc, Aurangabad And ANR

2024-07-15Hon'Ble Shri Justice Kishore C. Sant2 pages

31ca1134.24

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 31 CIVIL APPLICATION NO. 1134 OF 2024 IN FA/833/2022 DEEPAK PANDHARINATH CHAVAN (DIED) THR LRS SUREKHA DEEPAK CHAVAN AND ANR

VERSUS

EX. ENGINEER, NANDUR MADHMESHWAR CANAL DIV.

VAIJAPUR UNDER GMIDC, AURANGABAD AND ANR ...

Advocate for Applicant : Mr. Londhe Shashikant Sakharam AGP for Respondents/State : Mrs. M.L. Sangit ...

CORAM : KISHORE C. SANT, J.

DATE : 15th JULY, 2024.

PER COURT :

1.

Heard. This application is for limited purpose seeking directions to the office to allow the applicants to withdraw amount separately and transfer amount of their shares in their individual bank accounts.

2.

This Court by order dated 4.8.2023 permitted the applicant to withdraw 50% of the amount subject to filing usual undertaking.

31ca1134.24 3.

It is submitted that the mother and son were applicants before this Court are now not in talking terms and they are having individual accounts in their name in different banks. They do not have any joint account. The prayer is therefore, made to transfer the amount in their respective accounts to the extent of their shares, hence this Court is inclined to pass the following order ;

ORDER

a) The application stands allowed and disposed off.

b) Office to transfer the amount to the extent 50%, pursuant to the order dated 04.08.2023, in the individual accounts of the applicants, on furnishing their usual undertakings to the satisfaction of the Registrar, (Judicial) of this Court.

c) Office shall not insist the applicants to open joint account for the purpose of withdrawal of the amount.

( KISHORE C. SANT ) JUDGE mahajansb/