Executive Engineer, Bembla Project Division, Yavatmal v. Ekanath Babarao Patil (Dead) Through Lrs. Kamal Eknath Patil And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 1292 OF 2020 IN FIRST APPEAL NO. 666 OF 2016 (D) V/s VIDC through Executive Engineer, Yavatmal V/s Eknath Babarao Patil and others. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= None present for the appellant.

Shri A.B. Nakshane, advocate for respondent No.1 (a) to 1(d). Ms Udeshi, AGP for respondent Nos. 3 and 4.

CORAM : S.M. MODAK, J.

DATE : 27.112020.

Hearing was conducted through video conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2.

Heard learned advocate Shri A.B. Nakshane for respondents. No one is present on behalf of the appellant. 3.

Read the Pursis dated 11.12.2019 as stamp No. 16652/2019 filed on behalf of the appellant along with the statement. Also read the order dated 21.12.2018. Learned Registrar (J) was directed to permit withdrawal after the parties have submitted calculations. Farad Sheet says that learned Registrar has concluded that the claimants / respondent are entitled to withdraw Rs. 2,18,745/- plus interest.

Hence the following order:-

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ORDER

i] The Nazir is directed to pay Rs. 2,18,745/- plus interest to respondent Nos.1(a) to 1(d) through their power of attorney holder respondent No.2 by transferring the amount in his account.

ii] The Nazir is further directed to refund Rs. 1,93,475/- alongwith accrued interest to appellant by transferring it their account, it be done as per the Rule. iii] Application is disposed of.

JUDGE rkn