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Bombay High CourtCAF/605/2023ca disposed off

V.I.D.C. Through Executive Engineer, Bembla Project, Awadhootwadi, Yavatmal And Another v. Sheshrao Marotrao Solanke (Dead) Through Lrs. Prafulla S/O Sheshrao Solanke And Others

2023-03-15Hon'Ble Justice Urmila Joshi Phalke2 pages

15caf605.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 605/2023 IN FIRST APPEAL NO. 1005/2019 V.I.D.C. Through E.E., Bembla Project, Awadhootwadi, Yavatmal And Another Vs Sheshrao Marotrao Solanke 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 counsel h/f Mr M.A. Kadu, counsel for the appellants. Ms S.W. Deshpande, counsel for respondent No.1-a to 1-d. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 15/03/ 3.

1.

Heard.

2.

This application is filed by respondent Nos. 1-a to 1-d for seeking permission for withdrawal of the amount through Power of Attorney.

3.

As per the contention of the respondents, their land was acquired by the Government for Bembla Project. The amount of compensation is deposited and lying with this Court. This Court vide order dated 19/10/2022 in Civil Application No. 2996/2019 had permitted the respondent Nos. 1-a to 1-d to withdraw 50% of the amount. However, some of the respondents are residing at Amravati and some of the respondents are residing at Wardha and they are unable to attend Court for necessary compliance. Therefore, they have executed the Power of Attorney in rkn

15caf605.2023.odt favour of their brother-Prafull s/o Sheshrao Solanke i.e. respondent Nos. 1-a to withdraw the amount on their behalf.

4.

Civil application is supported by the Special Power of Attorney.

5.

In view of the order passed in Civil Application No. 2996/2019, respondent Nos. 1-a to 1-d are permitted to withdraw the amount through their Power of Attorney holder i.e. respondent No.1-a.

6.

Amount be disbursed on due identification and verification of the parties. After withdrawal of the amount, respondent No.1-a shall file an affidavit to the extent that he has disclosed the amount of compensation of respective shares to other respondents.

Civil application is disposed of.

JUDGE Signed By:RAJESH K NANDURKAR rkn