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Bombay High CourtCA/14080/2019disposed offdismissed for default

Sarvottam Madhavrao Ambegaokar (Died) Thr Lrs Ujwala And ORS v. Ex. Engineer, Medium Project Division, Latur And ANR

2019-12-03Hon'Ble Shri Justice Mangesh S. Patil2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.14080 OF 2019 IN FIRST APPEAL NO.1620 OF 2013 (Sarvottam Madhavrao Ambegaonkar (Died) through L.Rs. Ujwala and others Vs. Executive Engineer, Medium Project Division, Latur and another) ---- Mr. Vivek V. Bhavthankar, Advocate for the applicants Mr. S.C. Arora, Advocate for respondent No.1 Mr. R.B. Bagul, A.G.P. for respondent No. 4/State ---- CORAM : MANGESH S. PATIL, J.

DATE : 03.12.2019 PER COURT :

Heard.

2.

The applicants/original claimants have been allowed to withdraw the amount of compensation deposited in this Court to the extent of 50% by furnishing usual undertaking, by order dated 13.09.2019 passed in Civil Application No.5835/2019.

3.

Now this application has been filed by the applicants mentioning that in fact, applicant Nos.1B, 1C, 1E and 2 have executed Power of Attorney in favour of applicant No.1D. Copies of the Power of Attorney have also been placed on record and therefore, the amount allowed to be withdrawn may be permitted to be withdrawn by applicant

ca14080-2019 Nos.1A and 1D for and on behalf of all the applicants. 4.

The learned Advocate for the Acquiring Body submits that there seems to be some issue regarding proper execution of the Power of Attorney inasmuch as some of the applicants seem to have executed it in another country.

5.

I have gone through the papers. Since all the applicants have put in common appearance and are now seeking modification to the extent mentioned hereinabove, I have no sufficient and cogent reason to discard the request when the Power of Attorney have also been placed on record. 6.

The application is allowed. Applicant Nos.1A and 1D are allowed to withdraw the amount as per the order dated 13.09.2019 passed in Civil Application No.5835/2019 for and on behalf of all the applicants subject to furnishing the undertaking on usual terms. [MANGESH S. PATIL] JUDGE npj/ca14080-2019