Shivram Ughadu Koli (Died) Thr Lrs Lotu (Died) Thr Lrs Krushna And ORS v. Executive Engineer, Maharashtra Industrial Dev. Co., Midc, Jalgaon And Others

7468.21CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 CIVIL APPLICATION NO.7468 OF 2021 IN FIRST APPEAL NO.420 OF 2020 ...

SHIVRAM UGHADU KOLI (DIED) THROUGH L.Rs.

LOTU (DIED) THR L.Rs.KRUSHNA & OTHERS

VERSUS

EXECUTIVE ENGINEER, MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATION, JALGAON & OTHERS ...

Advocate for Applicants : Mr.A.B.Kale AGP for Respondent-State : Mr.S.R.Yadav-Lonikar Advocate for Respondent no.1 : Mr.S.S.Dande ...

CORAM : S.G.DIGE, J.

DATE : 30.06.2022 P.C. :

1] Heard the learned counsel for the applicants and the learned counsel for respondent no.1.

2] The learned counsel for the applicants submits that this Court has allowed application for withdrawal of amount thereby permitting the applicants to withdraw 50% amount out of deposited amount by respondent no.1. The applicants are more in number, the bank is not opening the joint account of all the applicants. As per the rules of bank, joint account of three persons only can be opened but in the

7468.21CA present case, the applicants are more than three in numbers. The applicants have executed General Power of Attorney in favour of one of the applicant, hence, direction be given to issue cheque in favour of GPA applicant. 3] The learned counsel for respondent no.1 submits that at the time of issuing cheque, undertaking of other applicants should be taken.

4] Considering the submissions of both the learned counsel as well as this Court has already allowed the application of the applicants for withdrawal of the amount, there is a technical difficulty of withdrawal of the amount as the bank is not permitting to open the joint account more than three persons. All the applicants are from the same family. Hence, the applicants can be permitted to withdraw the amount through GPA. Other applicants shall give their undertaking stating that they have issued GPA. Accordingly, Civil Application is disposed of.

[S.G.DIGE] JUDGE DDC