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Bombay High CourtCAF/2175/2025partly allowed

V.I.D.C., Thr. Executive Engineer, Special Construction Project Division, Amravati v. Smt. Draupada Manik Wankahde (Deleted) And Others

2025-07-03Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 5 caf 2175-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 2175 OF 2025 IN FIRST APPEAL NO. 859 OF 2025 V.I.D.C. through Executive Engineer, Special Construction Project Division, Amravati Vs.

Smt. Draupada Manik Wankhade (Deleted ) and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.A. Kadu, Advocate for the appellant Shri A.P. Deshmukh, Advocate for respondent Nos. 2 to 6 Ms H.S. Dhande, AGP for the respondent/State CORAM : SHRI ABHAY J. MANTRI, J.

DATED : 03.07.2025 Applicants/respondent Nos. 2 to 6 have filed this application to permit them to withdraw the compensation amount deposited by the appellant in this Court, for which learned Counsel for the appellant has given no objection for the withdrawal of 75% of the total compensation.

2.

Considering the reasons disclosed in the application, as well as no objection of the learned Counsel for the appellant, the application is partly allowed.

3.

The applicants are permitted to withdraw 75% of the compensation along with interest accrued thereon as under :

2 5 caf 2175-2025.odt a).

Applicants are permitted to withdraw 50% amount upon furnishing a usual undertaking to the Court and 25% amount along with accrued interest thereon, on furnishing a solvent surety/security to the satisfaction of the Registrar.

4.

In view of the same, Registrar (J) is directed to transfer the compensation amount in the bank account of the respective applicants as per the award in proportionate amounts on their furnishing of an undertaking, surety, and their bank account details. 5.

It is made clear that the Registry shall not insist on the appearance of all applicants for their verification, but shall verify their bank account details. 6.

Applicants/respondents Nos. 2 and 4 to 6 have executed a power of attorney in favour of applicant/respondent No.3.

7.

Application stands disposed of.

FIRST APPEAL NO. 859 OF 2025 Heard.

2.

Admit.

3.

Learned Counsel Shri A.P. Deshmukh waives notice on behalf of respondent Nos. 2 to 6.

4.

Learned Assistant Government Pleader waives notice on behalf of respondent Nos. 7 & 8.

5.

Call for record and proceedings.

JUDGE Jayashree....