V. I. D. C. Through Its Executive Engineer, Minor Irrigation Division No. 2 Akola v. Baban Suryabhan Tayade (Dead) Through His Lrs., Dayabai Wd/O Tayade And Others

2024:BHC-NAG:7316 1 6-FA No.1113.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.

OF IN FIRST APPEAL NO. 1113 OF 2017 (D) V.I.D.C. through its Executive Engineer, Minor Irrigation Division No.2, Akola ..VS..

Baban Suryabhan Tayade (Dead) through LRs. and others --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Vinay Dahat, Advocate for appellant.

Mr. Amol Darekar, Advocate for respondent Nos.1 to 6. Mr. M.A. Kadu, AGP for respondent No.7.

CORAM : SANJAY A. DESHMUKH, J.

DATED : 10 th JULY, 2024 1.

This is an application for grant permission for withdrawal of amount by the legal heirs of deceased respondent Nos.1 and 2 deposited in this Court as per the Award.

2.

Learned Advocate for the applicants submitted that Power of Attorney is executed by other legal heirs of respondent in favour of one of the legal heir namely Anil Baban Tayade to withdraw the compensation amount deposited in this Court as per the Award along with accrued interest thereon.

3.

Perused the application.

4.

Heard learned Advocates for both sides.

2 6-FA No.1113.2017 5.

Considering the reasons stated in the application, the application is allowed in the interest of justice with direction to the Registrar (Judicial) to verify the Power of Attorney executed in favour of legal heir of respondent, then pay the compensation amount deposited under Award with accrued interest thereon, as prayed. 6.

The application is disposed of.

(SANJAY A. DESHMUKH, J.) Kirtak