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Bombay High CourtCAF/324/2023allowed

Executive Engineer (V.I.D.C) Bembla Project Division, Yavatmal And Another v. Natthu Maroti Nagose (Dead) Thr. Lrs. Smt. Panchafula Natthuji Nagose And Others

2023-02-10Hon'Ble Justice Urmila Joshi Phalke2 pages

14caf324.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C IVIL APPLICATION (CAF) NO. 324/2023 IN FIRST APPEAL NO.

/20 18 (D) Executive Engineer (V.I.D.C) Bembla Project Division, Yavatmal And Another Vs Natthu Maroti Nagose (Dead) Thr. Lrs. Smt. Panchafula Natthuji Nagose And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms Mallika, Adv. h/f Shri M.A. Kadu, Advocate for the Appellants. Mr A.B. Nakshane, Advocate for the respondent Nos.1to 5 Mrs Shamshi Haider, AGP for the respondent Nos. 6 and 7. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 10/02/ 3.

1.

Heard.

2.

By this civil application, the original claimants are seeking withdrawal of the amount through respondent No.2, who is the Power of Attorney for respondent No.1, 3 to 5.

3.

First Appeal is already disposed of. The civil application is supported with the power of attorney. 4.

In view of the reasons mentioned in the application, civil application is allowed. The respondent No.2, who is the power of attorney holder for rest of the respondent is permitted to withdraw the amount i.e. Rs. 4,81,921/- along with the accrued interest rkn

14caf324.2023.odt 5.

The respondent No.2 shall file an affidavit after withdrawal of the amount to the extent that all other respondents i.e. original claimants have received their share of compensation.

6.

The amount be disbursed after due identification and on the satisfaction of the Registrar (Judicial).

JUDGE Signed By:RAJESH K NANDURKAR rkn