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Bombay High CourtCAF/966/2023ca disposed off

Vidarbha Irrigation Development Corp. Thr Ex. Engineer v. Maroti Mahadeo Dive (Dead) Lrs. Sunil Maroti Dive And Others

2023-08-19Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 3 caf 966-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.966/2023 IN FIRST APPEAL NO.172/2014 Vidarbha Irrigation Development Corporation Vs.

Sunil s/o Marotrao Dive and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Nikhil Waghmare, Advocate h/f Shri P. Patil, Advocate for appellant Ms Rakhi R. Ahuja, Advocate for respondent No.1 Ms T.H. Udeshi, AGP for respondent No.4 CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

19/08/ The present application is filed by respondent No.1 for grant of permission to allow power of attorney holder i.e. Sunil s/o Marotrao Dive to withdraw the claim amount. It appears that matter was settled before the Lok Adalat on 25/09/2021. As per order, claimants are entitled to withdraw entire amount of compensation. As such, being legal representatives of original claimant Marotrao Dive, respondent Nos.1 to 11 are entitled for equal share. 2.

In my considered opinion, instead of allowing power of attorney to withdraw total amount of compensation, the Registry is hereby directed to disburse amount of compensation in the share of respective respondents directly in their account which is being furnishing by the respondent No.1. The personal attendance of respondent Nos.2 to 11 be

2 3 caf 966-2023 exempted and respondent No.1 alone represent all the respondents.

3.

As such, the Nazir is directed to do the needful as referred above.

4.

The application stands disposed of.

JUDGE R.S. Sahare