Executive Engineer, Jigaon Upsa Sinchan Department, Jigaon Project, Khamgaon v. Chindhabai Ganpat Nemade (Dead) Thr. Lrs. Saoji Ganpat Nemade And Others

1 3-FA-1262-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

FIRST APPEAL NO.1262 OF 2024 Executive Engineer, Jigaon Upsa Sinchan Dept. Tal. Khamgaon, Dist. Buldhana vs.

Chindhabai Ganpat Nemade (Dsead) Thr. His Lrs. Saoji Ganpat Nemade and ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M. H. Mahashabde, Advocate for the appellant. Shri Hariom V. Dhage, Advocate for respondent Nos. 1 and 2. Smt. Hemlata S. Dhande, Assistant Government Pleader for respondent Nos. 3 and 4.

CORAM : ABHAY J. MANTRI, J.

DATED : 3 0-07-2025 Civil Application (CAF) No.2700/2025.

Applicants-respondent Nos. 1 and 2 have filed this application for permitting them to withdraw the amount of compensation with accrued interest thereon deposited by the appellant in this Court. Learned Advocate for the appellant has no objection to withdrawing 75% of the amount. 2.

Having considered the reasons disclosed in the application as well as no objection of the learned Advocate for the appellant, the application is allowed as prayed. 3.

The applicants are permitted to withdraw 75% of the compensation amount along with the accrued interest thereon as per the award, upon furnishing a usual undertaking. 5.

The Registrar (J) is directed to transfer 75% of the compensation amount, along with the interest accrued thereon, to the respective bank account of the applicants as per the

2 3-FA-1262-24.odt award within a period of five weeks on their furnishing a usual undertaking as well as bank account details to the registry. Accordingly, the application is allowed and disposed of. First Appeal No.1262/2024 6.

Heard.

7.

Having considered the grounds raised in the appeal memo, the appeal is 'Admitted'.

8.

Issue notice to the respondents, returnable on 08/09/2025.

9.

Shri. M. Mahashabde, Advocate, waives notice of hearing for respondent Nos. 1 and 2.

10.

The learned Assistant Government Pleader waives notice of hearing for respondent Nos. 3 and 4.

(ABHAY J. MANTRI, J.) Asmita