The Ex. Engineer, Medium Project, Presently Ex. Engg. Project Construction, Yavatmal v. Nilkanth Bhojraj Rathod And 2 Others

2024:BHC-NAG:8204 7-CAF 1964-24 in FA 1531-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1964 OF 2024 IN FIRST APPEAL NO. 1531 OF 2019 THE EX. ENGINEER, MEDIUM PROJECT, YAVATMAL, PRESENTLY EX. ENGG., YAVATMAL PROJECT CONSTRUCTION DIVISION, YAVATMAL -Vs. - NILKANTH BHOJRAJ RATHOD AND ORS.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri N.A.Waghmare, Advocate h/f. Shri P.B. Patil, Advocate for appellant. Shri A.B. Nakshane, Advocate for respondent nos. 1A to 1C/CrossObjectors/applicants. Shri M.A.Kadu, AGP for respondents/State.

CORAM : SANJAY A. DESHMUKH , J.

DATED : 29/07/ This is an application for withdrawal of amount under award deposited with this Court.

2.

The learned counsel for the applicants submitted that the respondent no. 1 died after passing an order by this Court for withdrawal of balance 50% amount on furnishing solvent surety/security. In the mean time, before furnishing the solvent surety/security, respondent no. 1 died. 3.

Now, his legal heirs are brought on record and they prayed for withdrawal of balance 50% amount on the same terms i.e. executing of solvent surety/security. 4.

Perused the application.

5.

Heard the learned Advocates for both sides.

7-CAF 1964-24 in FA 1531-19.odt 6.

Considering the peculiar and admitted facts of this case, particularly earlier order of this Court dated 18/02/2021, the application deserves to be allowed as prayed for. As such, the application is allowed. 7.

Registry is directed to pay the balance 50% amount to the Power of Attorney Holder i.e. respondent no. 1(b) on furnishing of solvent surety/security and after verification of power of attorney.

8.

Accordingly, the application stands disposed of. C ROSS-OBJECTION NO.

OF 9.

Heard the learned Advocates for both sides.

10.

Admit.

11.

Issue notice to the respondents, returnable after four weeks.

12.

Shri M.A. Kadu, learned AGP waives notice for respondent nos. 1 and 2/State.

13.

Shri N.A. Waghmare, learned Advocate h/f. Shri P.B. Patil, learned Advocate waives notice for respondent no. 3 (original appellant).

(SANJAY A. DESHMUKH, J.) B.T. Khapekar