Vidarbha Irrigation Devp. Corporation, Thr. Exe. Engineer, Bembla Project Div., Yavatmal v. Madhav Bhikaji Raut (Dead) Thr. Lrs. Vijay Madhao Raut And Others

2023:BHC-NAG:17694 11CAF1183.2023 corrected order.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1183/2023 IN FIRST APPEAL NO. 395/2017 V.I.D.C., Thr. Exe. Engineer, Yavatmal Vs Madhav Bhikaji Raut (Dead), Thr. Lrs. Vijay Madhao Raut And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr V.V. Dahat, advocate, h/f Mr J.B. Kasat, advocate for the appellant. Mr A.B. Nakshane, advocate for the respondent No.1(A) to 1(D)/Applicant. Mr K.L.Dharmadhikari, AGP for the respondent Nos. 2 and 3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 21/04/ 3.

1.

Heard.

2.

The present application is filed for seeking permission for the withdrawal of the amount which is deposited by the appellant.

3.

Appeal is already disposed of as partly allowed by an order dated 21/12/2018.

4.

Appellant has deposited Rs. 4,15,010/- out of which the respondents have already withdrawn the amount of Rs. 2,07,505/-. Now, the respondents are entitled to receive the balance amount of compensation out of the deposited Corrected as per Courts order dt. 12.01.2024.

amount of Rs.3,81,624/-. Appellant is entitled to receive a refund of balance amount along with accrued interest i.e. Rs. 33,386/-.

5.

The respondents further seeking permission to withdraw the amount through Power of Attorney which is rkn

11CAF1183.2023 corrected order.odt respondent No.1-A. The application is supported by the Power of Attorney.

6.

In view of the reasons mentioned in the application, Corrected as per Courts order dt. 12.01.2024.

the amount of Rs. 33,386/- is to be refunded to appellant along with accrued interest.

7.

The balance amount along with accrued interest to be disbursed to the respondents. Respondent No.1(A) is permitted to withdraw the amount on behalf of all the respondents and she filed an affidavit to the extent that the respective shares are disbursed to all the respondents. 8.

The amount be disbursed on due identification and verification.

Civil application is disposed of.

JUDGE rkn