Executive Engineer, Chandrabhaga Project, Achalpur @ Exe. Engineer Medium And Minor Irrigation Div. v. S. J. Prajapati(Dead)Thr.Lrs. S. S. Prajapti(Dead) Through Lrs. Jamnabai Shankarlal Prajapti And Or

18caf488.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 488/2023 IN FIRST APPEAL NO. 330/2021 The E.E. , Chandrabhaga Project, Achalpur @ Exe. Engineer Medium And Minor Irrigation Div.

Vs S. J. Prajapati(Dead)Thr.Lrs. S. S. Prajapti(Dead) Through Lrs. Jamnabai Shankarlal Prajapti And Or Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr P.B. Patil, Advocate for the appellant.

Mr M.V. Bute, Advocate for the respondent No. I(A) to I(E). CORAM : URMILA JOSHI-PHALKE, J.

DATED : 21/02/ 3.

1.

Heard.

2.

The respondent No.I(a) to I(e) are seeking permission to withdraw the amount.

3.

It is submitted that the respondent No.I(a) to I(e) be permitted to withdraw the amount through power of attorney holder i.e. respondent No.1(b) Suresh Shankarlal Prajapati. It is further apparent that there is no prayer on behalf respondent No.2. Earlier also, similar application was filed for withdrawal of the amount through power of attorney.

4.

This Court has considered and specifically mentioned in the earlier order that the contention cannot be accepted, however, in case the RTGS details of respondent No. I(a) to I(e) and 1(II) to 1(IX) is furnished. The amount be rkn

18caf488.2023.odt transferred in their respective account in the proportion to what they are entitled to, subject to the satisfaction of the Registrar (Judicial) of this Court. There is no reason take a different view than which was earlier taken. In view of that, if the respondent Nos. 1(a) to 1(e) and 1(II) to 1(IX) furnishes the details of their account, the compensation amount be transferred to the their accounts by RTGS.

Civil application is disposed of.

FIRST APPEAL NO. 330/2021 Appellant to file private paper-book within a period of eight weeks.

After filing of private paper-book and its verification place the matter for final hearing.

JUDGE Signed By:RAJESH K NANDURKAR rkn