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Bombay High CourtCA/3524/2016disposed offdismissed for default

Sanjay S/O Khandu Monde And ANR v. Maharashtra State Electricity Board Through Executive Engineer And ANR

2016-04-29Hon'Ble Shri Justice T.V. Nalawade2 pages

1 C.A. 3524.2016 in S.A. St. 34676.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3524 OF 2016 IN CIVIL APPLICATION NO. 17054 OF 2015 IN SECOND APPEAL STAMP NO. 34676 OF 2015 Sanjay s/o Khandu Monde & Anr. ..... APPLICANTS V E R S U S M.S.E.B. & Anr. ..... RESPONDENTS .....

Mrs. Pratibha Wankhede (Bharad), Advocate for applicants.

Mr. D.P.Deshpande, Advocate for R.No. 1.

.....

CORAM : T.V.NALAWADE, J.

DATE : 29th APRIL, 2016 ORAL ORDER :- .

The application is filed by the original plaintiffs for permission to withdraw the compensation amount deposited by the appellant. The trial court has given compensation of ` 5 Lakh along with interest thereon, total amounting to ` 7.3 Lakh.

2 C.A. 3524.2016 in S.A. St. 34676.2015.odt 2.

In view of the aforesaid circumstances, this Court holds that 75% amount needs to be released in favour of the applicants/original plaintiffs. The amount is to be distributed equally between father and mother. The amount awarded to mother is to be kept in Fixed Deposit in any Nationalized bank for the period of 3 years and she will be entitled to receive the quarterly interest. The amount awarded to the father is to be given to him by account payee cheque.

3.

Civil Application is disposed of in those terms. [T.V.NALAWADE, J.] KNP/C.A. 3524.2016 in S.A. St. 34676.2015.odt