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Bombay High CourtCAF/2016/2022ca disposed off

V. I. D. C. Through Executive Engineer, Purna Medium Project, Achalpur Division,Amravati And Anothe v. Gulabrao S/O Bhagwanji Dhuldhar And 2 Others

2023-03-03Hon'Ble Justice Urmila Joshi Phalke2 pages

12caf2016.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 2016/2022 IN FIRST APPEAL NO. 163/2020 V. I. D. C. Through Executive Engineer, Purna Medium Project, Achalpur Division, Amravati And Anothe Vs Gulabrao S/O Bhagwanji Dhuldhar And 2 Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms. P.P. Chobe, Advocate for the appellants.

Mr R.J. Shinde, Advocate for the respondent No.1. Ms T.H. Udeshi, AGP for the respondent Nos. 2 and 3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 03 /0 3 / 202 3.

1.

Present application is filed by the respondent No.1(a) to 1(m) for withdrawal of the amount through their power of attorney i.e. respondent No.1 (a) Arvind Gulabrao Dhuldhar. The respondents are already permitted to withdraw the amount of Rs. 10,04,027/- along with accrued interest on usual undertaking.

2.

As per the contention of the learned advocate, Mr R.J. Shinde that all other respondents executed Power of Attorney in favour of the respondent No.1(a) - Arvind Gulabrao Dhuldhar and he may be permitted to withdraw the amount on behalf of the respondents.

3.

In view of the reasons mentioned in the application, respondent No. 1(a) Arvind Gulabrao Dhuldhar is rkn

12caf2016.2022.odt permitted to withdraw the amount on behalf of all the respondents. Amount be disbursed on due verification and identification. After withdrawal of the amount, respondent No.1(a) shall file an affidavit to the extent that he has disbursed all the respective shares to all the respondents. Civil application is disposed of.

First Appeal No. 163/2020 Appellants to file private paper-book within a period of four weeks.

Appeal be placed before the Court for final hearing after private paper-book is filed and its verification, as per its own turn.

JUDGE Signed By:RAJESH K NANDURKAR rkn