The Exe. Engineer, Amravati Irrigation Department (Now Amravati Medium Project Division, Amravati) v. Bhimrao Bhagwanji Wankhade (Dead) Thr. Lrs. Anil Bhimraoji Wankhade And Others

2024:BHC-NAG:3492 1 caf 831.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Civil Application (CAF) No. 831 of 2024 in First Appeal St.

No.

of 20 [The Executive Engineer, Amravati Irrigation Dept., Amravati ..vs.. Bhimrao Bhagwanji Wankhade (deceased) through his L.Rs. Anil Bhimraoji Wankhade and ors.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S. S. Shingane, Advocate for the applicants/respondent nos. 1(a) to 1(c) Ms. Ashwini Athalye, Advocate for the appellant Mr. M. A. Kadu, AGP for respondent nos. 2 and 3 CORAM : ANIL L. PANSARE J .

DATED : 20-03 -202 By present application, the applicants - respondent nos. 1(a) to 1(c)/original claimants are seeking to withdraw the amount of compensation of Rs. 26,46,976/- deposited by the non-applicant/ appellant. The further request is made to deposit the amount in the account of respondent no. 1(a), the power of attorney holder.

Learned counsel for non-applicant/appellant states that the respondents/claimants have withdrawn Rupees Thirteen Lacs approximately deposited by the non-applicant/appellant before the trial Court. Accordingly, she has opposed the application. Perused the impugned judgment. Considering the nature of evidence on record, the claimants/ respondent nos. 1(a) to 1(c) are permitted to withdraw 50% of the amount of compensation on filing an undertaking that in case the appeal is allowed, the said

2 caf 831.24.odt amount shall be repaid with interest at such rate the Court may direct.

The respondent no. 1(a) is permitted to sign document/s on behalf of other respondents. The amount, however, shall be deposited in the accounts of respondent nos. 1(a) to 1(c) proportionate to their share in 50% allowed to be withdrawn, in terms of the award passed by the reference Court.

The application is disposed of accordingly.

(Anil L. Pansare, J.) wasnik