V.I.D.C. Thr. Exe. Engineer, Bembla Project, Yavatmal And Another v. Dnyaneshwar Pandurang Junghare (Dead) Through Lrs. Kumudini Dnyaneshwar Junghare And Others

17caf1562.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO. 1562 OF 2021 IN FIRST APPEAL NO. 120 OF 2020 (V.I.D.C., Yavatmal & anr. Vs. Dnyaneshwar Pandurang Junghare (dead), thr. L.R's. & ors.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order --------------------------------------------------------------------------------------------------------- Ms. Mallika Babhulkar, Advocate h/f Shri M.A. Kadu, Advocate for the appellants.

Shri K.S. Narwade, Advocate for respondent Nos.1(a) and P.O.A. of respondent Nos.3(a) to 5.

Ms. Shamsi Haidar, A.G.P. for respondent Nos.6 and 7. CORAM:- PUSHPA V. GANEDIWALA , J.

DATED :- SEPTEMBER 29, 2021.

Heard.

The respondents/claimants are seeking withdrawal of the decretal amount which has been deposited by the appellant - V.I.D.C. with the Registry of this Court vide CCDR No.27445 dated 17/01/2020 and CCD No.28484 dated 19/05/2021.

I have perused the record. On due consideration, I am satisfied that the claimants would be permitted to withdraw 50% of the decretal amount. Hence, I allow the application. The claimants/respondent Nos.1 to 5 through Power of attorney i.e. respondent No.1(a) is permitted to withdraw 50% of the decretal

17caf1562.21.odt amount with accrued interest thereon, on furnishing usual undertaking.

The application stands disposed of.

JUDGE *DB