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Bombay High CourtCA/2526/2020admittedallowedgrantedrule absolute

Sudam Tulshiram Ghorpde And Others v. The State Of Maharashtra And ANR

2023-07-20Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

(1) 912-ca-2526-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2526 OF 2020 IN FA/1279/2014 SUDAM TULSHIRAM GHORPDE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Mr. R. K. Ashtekar, Advocate for the Applicants. Mr. S. S. Dande, AGP for Respondents-State.

Mr. B. R. Surwase, Advocate for Respondent No.2. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 20th JULY, 2023.

PER COURT:- 1.

By order dated 05.03.2019, this Court disposed of the group of First Appeals thereby modifying Award passed by the Reference Court.

2.

By way of the present application the applicants are seeking permission to withdraw the amount through their General Power of Attorney. In the alternative, it is submitted that the amount can be transferred to the pending Darkhast before the Reference Court at Ambejogai.

3.

The learned Advocate appearing for the respondents have no objection if the amount is transmitted with the direction to disburse it in terms of modified award passed by this Court. 4.

In that view of the matter, the following order is passed:-

ORDER

(2) 912-ca-2526-2020 a.

The amount of compensation deposited by the appellant/acquiring body in First Appeal No.1279/2014 be transmitted to the District and Sessions Court, Majalgaon/Reference Court.

b.

The Reference Court shall disburse the amount in terms of the modified Award passed by this Court in First Appeal No.1279/2014.

5.

The Civil Application is disposed of.

(S. G. CHAPALGAONKAR) JUDGE Devendra/July-2023