← Library
Bombay High CourtCA/1230/2016admittedallowedgrantedrule absolute

Dr. S G Tiwari Died Through Lrs Rajeshwari Sureshprasad Tiwari And Others v. The Executive Director Latur Zilla Sahakari Doodh Purvatha Sangh Through Vishwanath And Anothers

2016-02-26Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

15.CA.1230.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1230 OF 2016 IN WRIT PETITION NO. 385 OF 2002 Dr. S.G. Tiwari (Deceased) Through L.Rs.

..APPLICANTS

VERSUS

The Executive Director, Latur and Others ..RESPONDENTS ....

Mr. D.B. Pawar, Advocate for applicants.

Mr. Ajinkya Kale, Advocate holding for Mr. S.B. Talekar, Advocate for Respondent No.1.

....

CORAM : RAVINDRA V. GHUGE, J.

DATED : 26th FEBRUARY, 2016 ORAL ORDER :

1.

The applicants by this application pray for withdrawal of the back wages that have been deposited by the Non-applicant No.1 in this Court pursuant to the order dated 30.08.213 passed by this Court in Civil Application No. 7415/2013.

2.

It is further submitted that, this Court, by its order dated 08.08.2014 in Civil Application No. 6298/2014 had allowed the withdrawal of the money with certain directions in paragraph no.3. S.S.DESHPANDE 1 / 2

15.CA.1230.16.doc However the original applicant subsequently met with an accident and passed away. The applicants are the legal heirs of the deceased applicant-Respondent No.1. Legal heirs have already been brought on record in the writ petition on 13.01.2016 pursuant to the order dated 08.01.2016.

3.

Mr. Pawar, learned Counsel for the applicants therefore submits that the applicants be permitted to withdraw the said amount.

4.

Mr. Kale, holding for Mr. Talekar, learned Counsel for the non-applicant submits that the applicants can withdraw the amount subject to the directions of this Court in paragraph no.3 of the order dated 08.08.2014.

5.

In the light of the above, this application is allowed and the applicants are permitted to withdraw the deposited amount as per the direction in paragraph no.3 of the order dated 08.08.2014 passed in Civil Application No. 6298/2014.

(RAVINDRA V. GHUGE, J.) S.S.DESHPANDE 2 / 2