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Bombay High CourtCAF/1717/2019ca disposed off

Central Institute Of Cotton Research Thru. A.O. v. Sudam Shriram Barahate And 8 ORS.

2019-11-08Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

3CAF 1717.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1717 OF 2019 IN FIRST APPEAL NO. 923 OF 2007 (D).

(Central Institute of Cotton Research Vs. Sudam s/o Shriram Barahate & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Ms. M.Munshi, Advocate for the appellant.

Shri S.Mohrir, Advocate for respondent Nos. 1 to 8. Ms. H.N. Jaipurkar, A.G.P. for respondent No.9. CORAM : PUSHPA V. GANEDIWALA, J.

NOVEMBER 08, 2019.

Heard.

This is an application on behalf of respondent Nos. 1 to 5 seeking permission to withdraw the balance of decreetal amount as the appeal is already decided on 01/02/2019.

Learned counsel for respondent Nos. 1 to 5 submits that respondent Nos. 2 to 5 have executed Power of Attorney in favour of respondent No.1, original copy of which is placed on record authorising withdrawal of the amount of compensation on behalf of respondent Nos. 2 to 5.

It is further stated that the heirs of respondent No.6 are not coming forward in spite of service of notice to them.

Learned counsel for the appellant has no objection, if the application is allowed.

3CAF 1717.19 In this view of the matter, respondent No.1 is permitted to withdraw 5/6th of the balance of compensation amount for himself and for respondent Nos. 2 to 5.

The Civil Application is disposed of accordingly.

JUDGE Sumit