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Bombay High CourtCAF/375/2023ca disposed off

Executive Engineer, Bembla Project Division, Yavatmal v. Sulochana S/O Narayan Jirapure 6 Others

2023-02-20Hon'Ble Justice Urmila Joshi Phalke2 pages

(1) 4.caf.375.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.375 OF 2023 IN FIRST APPEAL NO.478 OF 2016 (D) Executive Engineer, Bembla Project, Yavatmal Vs.

Sulochana Narayan Jirapaure and others ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. Mallika Babhulkar, Advocate h/f Mr. M. A. Kadu, Advocate for appellant. Mr. R. D. Hajare, Advocate for respondent Nos.1 to 5. Ms. Shamsi Haider, AGP for respondent Nos.6 and 7. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 20/02/2023 By this application, respondent Nos.1 to 5 are seeking permission to withdraw the compensation amount.

The First Appeal is already disposed of as partly allowed by judgment dated 9.4.2019. It is further submitted that the name of the respondent No.4 Vandana Narayan Jirapure is her maiden name. After marriage, her name is changed as Vandana Puroshottam Choukade. In support of the contention, she has filed the affidavit along with her School Leaving Certificate which supports the contention that her maiden name was Vandana Narayan Jirapure. In view of that, she is also permitted to withdraw the amount.

The respondent Nos.1 to 5 are permitted to

(2) 4.caf.375.2023 withdraw the amount of compensation along with accrued interest on due identification and verification. Registry is directed to disburse the amount of compensation of respondent No.4, in view of her affidavit.

The amount deposited by the appellant is Rs.14,57,339/- out of which the amount of Rs.1,60,014/- with the accrued interest is to be refunded to the appellant and rest of the amount along with the accrued interest the respondent Nos.1 to 5 are entitled to receive. Civil Application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 15:02