Executive Engineer, Bembla Project Division, Yavatmal v. Smt. Venubai Wd/O Nilkanthrao Didpaye And Others

025:BHC-NAG:5 1 caf2488.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO. 2488 OF 2025 IN FIRST APPEAL NO. 524 OF 2016 ( Executive Engineer, Bembla Project Division, Yavatmal ..vs.. Venubai wd/o Nilkanthrao Didpaye and others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. M.V. Babhulkar, Advocate h/f. Mr. M.A. Kadu, Advocate for the appellant, Mr. Mohit Dube, Advocate for respondent Nos. 2(a), 2(b), 2(c) to 7, Mrs. H.S. Dhande, A.G.P. for the respondents/State. CORAM :

ABHAY J. MANTRI, J.

DATED : 17-07-2025 Applicants/respondent Nos. 2(a) to 2(c) and 3 to 7 have filed this application to permit them to withdraw the amount lying in this Court along with accrued interest thereon, for which the learned Advocate for the appellant has given no objection as the Special Leave Petition preferred by the applicants was allowed and the award passed by the learned Reference Court was confirmed.

2.

In view of the above, the application is allowed. The applicants are permitted to withdraw the compensation amount along with accrued interest thereon lying in this Court, within four weeks.

3.

The learned Advocate for the applicants has also drawn my attention to the Power of Attorney dated 06-06-2025 executed by applicant Nos. 2(b), 2(c) and 3 to 7 in favour of applicant No. 2(a) and submitted that as per the clause in the Power of Attorney, the said amount be deposited in the bank account of the applicant No. 2(a), for which the other

2 caf2488.25.odt respondents have given no objection. Applicant No.2(b), 2(c) and 3 to 7 have authorised Applicant No.2(a) to collect the said amount.

4.

In view of the same, the Registrar (J) is directed to transfer the said amount along with accrued interest thereon lying in this Court, within four weeks, in the bank account of applicant No. 2(a) - Sarala Ashok Didpaye, upon her furnishing bank account details to the registry.

5.

Applicant No. 2(a) is directed to distribute the said amount as per the award in favour of applicant Nos. 2(b), 2(c) and 3 to 7 and submit her affidavit in that regard, within two weeks after receipt of the amount.

6.

The application is disposed of accordingly.

(ABHAY J. MANTRI, J.) adgokar