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Bombay High CourtCAO/428/2024allowed

The Zilla Parishad, Chandrapur Through Its Chief Executive Officer And Others v. Dhiraj S/O Sudhakarrao Wankhede And Others

2024-04-23Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Shri Justice Abhay J. Mantri2 pages

2024:BHC-NAG:4620-DB 906-CAO-428-24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.428 OF 2024 IN MISC. CIVIL APPLICATION NO.711 OF 2022 (D) IN WRIT PETITION NO.

OF 20 14 (D) Zilla Parishad, Chandrapur, Thr. Chief Executive Officer -vsDhiraj s/o Sudhakarrao Wankhede, Chandrapur and ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and the Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Smt S. S. Wandile, Advocate for applicants.

Shri S. V. Sohoni, Advocate for non-applicants/petitioners. Ms Kalyani Marpakwar, Assistant Government Pleader for nonapplicants/respondent Nos.27 to 30.

CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. DATE : April 23, 2024 1.

We have heard Smt S. S. Wandile, learned counsel for the applicants/employees who were respondents in the petition. 2.

The prayer is for apportionment and release of the amount of costs deposited in this Court.

3.

Considering the nature of claim made in the petition, we have called for the opinion of Nazar Section as to whether the amount can be appropriated as has been claimed. We have also perused the report dated 18/04/2024 submitted by the Registrar (Judicial) of the Court. 4.

We are of the view that the prayer of the applicants/employees for apportionment of costs with appropriate accrued interest can be allowed subject to following compliance :

" The petitioners are required to submit the necessary documents (i.e. photocopy of bank pass-book and aadhar card) for withdrawal of amount which are duly signed by themselves and attested by their Counsel. The name of petitioners as compared to the cause title of Memo of Petition alongwith

906-CAO-428-24.odt 2/2 furnished documents should be one and the same ." 5.

Needless to clarify that the applicants/employees may not be made to attend the Registry physically for the purpose of verification. 6.

Order accordingly.

7.

Civil Application is allowed and disposed of. (Abhay J. Mantri, J.) (Nitin W. Sambre, J.) Asmita