The Executive Engineer, Bembla Project Division, Yavatmal v. Kishor Awadhutrao Umaratkar (Dead) And Others

1 14-F.A. No.156.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 585 OF 2023 IN FIRST APPEAL NO. 156 OF 2018 The Executive Engineer, Bemla Project, Division, Yavatmal ..VS..

Kishor Awadhutrao Umratkar (Dead) 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. S.A. Bhalerao, Advocate for respondent No.1. Ms. Trupti Udeshi, AGP for respondent Nos.2 and 3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : APRIL 13, 2023 Heard.

2.

Present applicants are the legal heirs of respondent No.1 - Kishor Awadhutrao Umratkar, who have filed this application for seeking permission for withdrawal of the compensation amount. The appeal is already disposed of vide judgment dated 28.01.2021. The applicant No.1 filed an affidavit that she along with the applicant Nos.2 and 3 are the only legal heirs of respondent No.1 - Kishor Awadhutrao Umratkar and there is no other legal heirs. They further claimed that the amount of compensation be permitted to withdraw through their Power of Attorney holder applicant No.1. Power of Attorney is already placed on record.

2 14-F.A. No.156.2018 3.

In view of the reasons mentioned in the application, the applicant No.1 - Sandhya wd/o Kishor Umratkar is permitted to withdraw the amount on behalf of applicant Nos.2 and 3 also.

3.

The amount along with accrued interest be disbursed to the applicant No.1 - Sandhya wd/o Kishor Umratkar and applicant No.1 shall file affidavit after withdrawal of the amount to the extent that she has disbursed the share of applicant Nos.2 and 3. The amount be disbursed after due identification and verification.

The Civil Application is disposed of.

(URMILA JOSHI-PHALKE, J.) Kirtak BHIMRAO JANARDHAN 18:57