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Bombay High CourtCA/3058/2020disposed off

Patilba Bhau Berad Died Lrs Radhabai Patilba Berad And ORS v. State Of Maharashtra

2021-01-25Hon'Ble Shri Justice V.L. Achliya2 pages

3058.20CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 11 CIVIL APPLICATION NO.3058 OF 2020 IN FA/1034/2004 PATILBA BHAU BERAD (DIED) THROUGH LRS RADHABAI PATILBA BERAD AND ORS

VERSUS

STATE OF MAHARASHTRA ...

Mr.B.N. Palve, Advocate for the applicants.

Mr.P.M. Kulkarni, AGP for respondent/State.

...

CORAM : V.L.ACHLIYA,J.

DATE : 25.01.2021 ORAL ORDER :

Leave granted to add prayer clause "D" to transfer the amount to the Reference Court. Amendment be carried out forthwith.

2.

Heard. Learned counsel for the applicants submits that in view of disposal of appeal, the amount deposited with this Court along with interest accrued thereon be transferred to Reference Court so as to enable the applicants to make appropriate application and to withdraw the amount.

3.

Learned A.G.P. have no objection to allow the application to the extent of prayer clause "D" i.e. to transfer the amount to the Reference Court and to pay the same in terms

3058.20CA.odt of award passed by the Reference Court in view of disposal of appeal.

4.

Considering the submissions advanced and the appeal being disposed of by this Court (Coram : T.V. Nalawade, J) vide judgment and order dated 11th February, 2016, the application is allowed in terms of prayer clause "D". The Registry is directed to transfer the amount together with interest accrued thereon to the reference Court for disbursement of the same to the persons legally entitled to receive the compensation in terms of award passed by the Reference Court.

5.

The application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE SGA