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Bombay High CourtCAF/4437/2019admittedallwdgrantedrule absolute

Executive Engineer Purna Project Achalpur Amravati v. Khemchand S/O Asanandji Khandujha Dead Thr Lrs Smt Prioyadarshan Wd/O Khemchand Khanduja And Others

2019-12-13Hon'Ble Shri Justice Vinay Joshi2 pages

Order 1312caf4437.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.F.NO. 4437/2019 IN F.A. NO. 856/2019.

Executive Engineer, Purna Project.

-VERSUSKhemchand Asanandji Khanduji [dead] through L.Rs. Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

Ms. P.P. Choube, Advocate h/f. Mrs. A.A. Joshi, Advocate for the Appellant.

Shri P.S. Patil, Advocate for Respondent Nos. 1a, 1b, 2,3,4a, 4c, 4d and 5.

Ms. T. Udeshi, A.G.P. for Respondent Nos. 6 and 7. CORAM : VINAY JOSHI, J.

DATE : 13.12.2019.

Heard.

2.

This is an application for withdrawal of compensation amount. Respondent no.4[b] is served. Shri Patil, learned counsel makes a statement that he is appearing on behalf of said respondent also, as well as this Civil Application is verified by him. 3.

Respondents/claimants have produced power of attorney of rest of the claimants to show that they have authorized respondent no.4[b] Nitin to receive compensation amount.

Order 1312caf4437.19 4.

Considering the reasons stated in the application, 50% amount is permitted to be withdrawn by the claimants on furnishing usual undertaking and 25% amount is permitted to be withdrawn on furnishing solvent surety to that extent, to the satisfaction of the Registrar (Judicial) of this Court. 5.

The amount be disbursed to respondent no.4[b] Nitin, on behalf of all the claimants. Civil Application is accordingly allowed and disposed of. No costs.

JUDGE Rgd.