Bhausing Santu Kuche Died Lrs Pratap Bhausing Kuche And Others v. Maharashtra State Electricity Transmission Company Ltd Through Its Executive Engineer And ORS

{1} CA 13153, 13154, 13155.16.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 907 CIVIL APPLICATION NO. 13153 OF 2016 IN WP/3743/2014 WITH CA/13154/2016 IN WP/3743/2014 WITH CA/13155/2016 IN WP/3743/2014 GOPAL SARAGUDAS VAISHNAV DIED LRS PRADEEP GOPALDAS VAISHNAV

VERSUS

MAHARASHTRA STATE ELECTRICITY TRANSMISSION COMPANY LTD THROUGH ITS EXECUTIVE ENGINEER ...

Advocate for Applicant : Mrs. Trupti V. Waghmare h/f Mr. P.P. Uttarwar Advocate for Respondents :Mrs. N.B. Kamble h/f Mr. S.V. Adwant ...

CORAM : RAVINDRA V. GHUGE, J.

Date: August 02, 2017 ...

PER COURT :- In all these applications, the applicants claim to be the legal representatives of the deceased respondent Nos.35, 34 and 8 in Writ petition No.3743/2014, which has been disposed of by the Judgment of this Court on 18.3.2015. By these applications, the legal representatives pray for leave to be brought on record in the place of the deceased respondents, since the original petitioner has deposited some amount in this Court to which these LRs. will have a right of withdrawal, keeping in view that, the said deceased respondents mentioned above were entitled to

{2} CA 13153, 13154, 13155.16.odt those amounts.

Learned Advocate for the original petitioner has opposed these applications on the ground of delay.

I, however, find that the delay would not be fatal to the request made by these applicants, since if the original respondents were alive, they would have withdrawn the money. As they have passed away and the money is already deposited in this Court, these LRs. will get a right to share the quantum of money, which otherwise, would have been payable to the deceased respondents.

Considering the above, these Civil Applications are allowed in terms of prayer clauses 'B' and 'C'.

These applicants shall themselves enter their names in the cause title of the disposed of writ petition, within a period of two weeks from today and thereafter may put forth a claim for withdrawal of the amount, which would be considered in accordance with the procedure applicable.

( RAVINDRA V. GHUGE, J. ) vbd