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Bombay High CourtFA/844/2015admittedallwdgrantedrule absolute

Executive Engineer, Bembla Project Division, Yavatmal v. Nitin S/O Ramdas Dhanuskar And Others

2018-12-21Hon'Ble Shri Justice Nitin W. Sambre2 pages

1 / 2 16.caf2548.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 2548 OF 2023 IN FIRST APPEAL NO. 844 OF 2015 (d) VIDC, Yavatmal Vs.

Nitin s/o Ramdas Dhanuskar and Ors.

---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Ms. Mallika Babhulkar, Advocate h/f Mr. M.A. Kadu, Advocate for appellant.

Mr. A.B. Nakshane, Advocate for respondent Nos.1 to 4. Ms. M.R. Kavimandan, AGP for respondent Nos.5 & 6. CORAM : VRUSHALI V. JOSHI, J.

DATE : NOVEMBER 06, 2023.

The respondents/claimants have filed this application for withdrawal of remaining amount. 2.

Learned counsel for respondent Nos.1 to 4 has stated that appeal is party allowed. The amount of Rs.14,59,891/- was deposited, out of which Rs.10,00,000/- were already withdrawn by respondent Nos.1 to 4. The respondents/claimants are entitled to claim amount of Rs.2,30,626/- along with accrued interest thereon. The respondent Nos.1 to 4 are permitted to withdraw Rs.2,30,626/- and Prity

2 / 2 16.caf2548.2023 remaining amount of Rs.2,29,265/- will be refunded to the appellant.

3.

Registry is directed to release the amount of Rs.2,30,626/- in the account of respondent No.1, which is power of attorney holder for respondent Nos.2 to 4.

4.

The remaining amount be refunded to the appellant along with interest.

5.

Accordingly, civil application is disposed of.

(MRS. VRUSHALI V. JOSHI, J.) Prity