Bombay High CourtFA/1032/2007dismissedrule discharged

Executive Engineer, Bembla Project v. Dyneshwar Aakaji Mehtre (Dead) Thru Its 6 Legal Representative

2019-11-28Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

1 FA 1032.07

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (F) No.1262/2020 in First Appeal No.1032/2007(D) (Executive Engineer, Bembla Project, Yavatmal V Dyneshwar Mehtre thr Lrs and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- Shri Amol Patil, Adv for appellant.

Shri S. Thakre, Adv for resp. nos. 1, 3-A to 3-C and 4. CORAM : S.M. MODAK, J.

DATE : 22-10-2020.

Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.

Heard learned Advocate Shri Thakre for respondent nos. 1, 3-A to 3-C and 4 and learned Advocate Shri Amol Patil for the original appellant. This Court has enhanced the amount of compensation as per judgment dated 28-11-2019. Accordingly, the VIDC has deposited the amount of Rs. 4,48,100/-. These applicants were the respondent nos. 1 to 4 in First Appeal No.1032/2007. Except respondent no.2, all are applying for withdrawal. This Court has already permitted them to withdraw the amount as per their respective shares. According to learned Advocate Shri Thakre, respondent nos. 1 to 4 are entitled to equal share. Hence the order :-

O R D E R

(a) The office is directed to take the personal verification of respondent nos. 1, 3-A, 3-B, 3-C and 4 on 09-11-2020, and then to transfer 1/4th each of Rs. 4,48,100/- along

2 FA 1032.07 with interest in the account of respondent no.1-Dadarao and respondent no.4-Sau. Nandatai and 1/12th in the account of respondent nos. 3-A, 3-B and 3-C.

(b) Application is disposed of.

The order be communicated to the counsel appearing for the parties, either on the e-mail address or on WhatsApp or by such other mode, as is permissible in law.

(S.M. Modak, J.) Deshmukh