The Executive Engineer, Upper Painganga Project Division, Umarkhed, Yavatmal v. Kisan Maroti Yerawar (Dead) Thr. Lrs. Sau. Sadhana Shankar Amilkanthwar And Others

2024:BHC-NAG:10654 1 14fa146.24 corrected.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.2219 OF 2024 IN FIRST APPEAL NO.146 OF 2024 [The Executive Engineer, Upper Painganga Project Division, Umarkhed, Yavatmal .vs. Kisan Maroti Yerawar (Dead) 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.R. Joharpurkar, Advocate for Appellant. Shri A.R. Patil, Advocate for Respondent Nos.1 to 10. Ms. D.I. Charlewar, AGP for Respondent Nos.11 and 12. ..........

C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 19 th AUGUST, 2024.

This application is filed by the applicant-respondent nos.1 to 10 for permission to withdraw the compensation amount deposited by the appellant.

2.

Heard the learned Advocates for both the sides. 3.

Considering the peculiar facts, it would be appropriate to partly allow the application.

4.

Respondents/claimant No.1 is entitled to withdraw Corrected as per Court's order dated 19/09/2024 vide CAO No.1149/2024 50% amount on usual undertaking and 25% amount on solvent surety.

5.

The amount shall be paid to the special power of attorney executed by respondent Nos.1 to 8 in favour of respondent No.9.

2 14fa146.24 corrected.odt 6.

Registry is directed to pay amount as per the above directions.

First Appeal No.146/2024 Stand over after six weeks.

(SANJAY A. DESHMUKH, J.) Gulande