Executive Engineer, Madhyam Prakalpa Vibhag, Yavatmal v. Sawairam Lashkar Rathod And Others

31fa189.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 756/2023 IN FIRST APPEAL ST. NO. 12428/2019 Executive Engineer, Madhyam Prakalpa Vibhag, Yavatmal Vs Sawairam Lashkar Rathod 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 I.P. Khisti, counsel for the appellant.

Mr A.I. Sheikh, counsel for the respondent No.1. Mr K.L.Dharmadhikari, AGP for the respondent Nos. 2 and 3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 24/03/ 3.

1.

Heard.

2.

Present application is for seeking permission to withdraw the amount deposited by the appellant on the ground that respondent No.1 is an old age person and suffering from various ailments. He requires the amount for his medical expenses as well as to meet day-to-day expenses.

3.

Said application is opposed by learned counsel for the appellant on the ground that the amount of compensation awarded by the learned Reference Court is exorbitant and excessive one.

4.

In view of the reasons mentioned in the application and considering the objection raised, it will be just and rkn

31fa189.2023.odt proper to respondent No.1 to withdraw the 50% amount of compensation.

5.

The amount be disbursed to respondent No.1 on due identification and verification.

F IRST APPEAL NO. 189/2023 Record and Proceedings is awaited.

2.

Appellant to file private paper-book within a period of eight weeks.

3.

Appeal be placed before the Court after filing of private paper-book and its verification, as per its turn. JUDGE rkn