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Bombay High CourtCAF/345/2023ca disposed off

Mohan S/O Maluramji Agrawal And Another v. The State Of Maharashtra Thr Its Collector Wardha And Others

2023-04-21Hon'Ble Shri Justice Rohit Baban Deo,Hon'Ble Justice Urmila Joshi Phalke2 pages

ca349.2012..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 345/2023 IN FIRST APPEAL NO. 349/2012 (D) Mohan s/o Maluramji Agrawal and another V/ State of Maharashtra and others. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr P.P. Pendke, advocate for the applicants/appellants.. Mrs S.S. Jachak, AGP for the respondent Nos. 1 to 3. CORAM : ROHIT B. DEO AND URMILA JOSHI-PHALKE, JJ.

DATED : 21/04/ 3.

1.

Application is placed before the Court for speaking to minutes.

2.

The First Appeal No. 349/2012 is already disposed of as dismissed. While dismissing the appeal, the appellants were permitted to withdraw the compensation amount deposited by the respondent, however, inadvertently it is remained to be mentioned that appellants are permitted to withdraw the amount along with accrued interest. 3.

In view of that, clause (2) of the operative part of the judgment dated 09.12.2022 is modified shall be replaced as under :- '(2) The appellants/claimants are at liberty to withdraw the amounts Rs. 47,55,965/- along with accrued interest deposited in the Court of Civil Judge Senior rkn

ca349.2012..odt Division, Wardha on 10.03.2011 and amount of Rs. 34,99,906/- along with accrued interest deposited in this Court on 22.10.2012, on due identification and verification.

The corrected order be uploaded afresh.

Civil application is disposed of.

JUDGE JUDGE rkn