Vidc Thr. Exe. Engineer, Purna Medium Project, Achalpur Div. Achalpur, Amravati And Another v. Sahebrao Mahipatrao Band (Dead) Through Lrs. Smt. Kamlabai Sahebrao Band And Others

fa.342.20 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.1599 of 2020 with Civil Application [CAF] No.1600 of 2020 in First Appeal No.342 of 2020 VIDC through its Executive Engineer, Purna Medium Project, Amravati & another vs.

Sahebrao Mahipatrao Band & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= 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. Chobe, Advocate for the Applicant/Appellant. Shri R.J. Shinde, Advocate for Respondent Nos.1-A & 1-B. Shri M.A. Kadu, A.G.P. for Respondent Nos.2 & 3. CORAM : S.M. MODAK, J.

DATE : 8 th JANUARY, 2021.

Heard.

Claimant/respondent No.1 expired on 06/04/2018. Copy of death certificate is annexed. His legal representatives have given necessary information as per the pursis stamp No.2005/2020. Right to get compensation survives. The delay is properly explained. Hence, the order : Delay caused in bringing the legal heirs is condoned. The legal representatives mentioned in the application be brought on record. Necessary amendments be made.

The applications are disposed of.

Civil Application [CAO] No.463/2020 :

Heard.

fa.342.20 2/2 The legal representatives are asking for withdrawal of Rs.1,19,315/- and Rs.2,14,076/- deposited before the reference Court and this Court respectively.

Considering the quantum of the amount, it is suggested to the appellants to avail of the possibility of compromise. If it does not fall within the policy of the appellants about compromise, they can address the Court accordingly and then the withdrawal application will be decided.

Civil Application [CAF] No.3952/2019 :

Heard.

In view of the deposit of the entire decretal amount, stay granted earlier be continued till disposal of the appeal.

The application is disposed of.

JUDGE *sandesh