V.I.D.C. Thr. Exe. Engineer, Bembla Irrigation Division, Yavatmal And Another v. Eknath Vithalrao Watane (Since Dead) Thr. Lrs. Smt. Shalini Eknath Watane And Others

24. CAF 2195.22 in FA 363.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NOS. 2195 OF 2022 IN FIRST APPEAL NO. 363 OF 2020 V.I.D.C. THR. EXE. ENGINEER, BEMBLA IRRIGATION DIVISION, YAVATMAL AND ANOTHER ...VERSUS...

EKNATH VITHALRAO WATANE (DEAD) THR. LRS. SMT. SHALINI EKNATH WATANE AND OTHERS ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri V.V.Dahat, Advocate for appellants.

Shri A.B. Nakshane, Advocate for respondent no. 1(A) to (C). Shri M.A.Kadu, AGP for respondent nos. 2 and 3/State.

CORAM

:

URMILA JOSHI-PHALKE , J.

DATE :

st JANUARY , 2023 By this application, respondent nos. 1(A) to 1(C) are seeking modification of order dated 29/08/2022 passed by this Court to the extent to permit the Power of Attorney Holder - respondent no. 1(B) to withdraw the 75% of deposited amount on behalf of respondent no. 1(A) and 1(C).

2.

As per the contention of respondents, respondent nos. 1(A) and 1(C) have given Power of Attorney to respondent no. 1(B) i.e. Jagdish Eknath Watane, by which they have consented that, respondent no. 1(B) is entitled to receive the amount on their behalf. 3.

The Power of Attorney is placed on record for perusal, which shows that, the specific power was given to respondent no. 1(B) to withdraw 75% of deposited amount on behalf of respondent nos. 1(A) and 1C. In view of that, respondent no. 1(B) is permitted to

24. CAF 2195.22 in FA 363.2020 withdraw 75% of deposited amount on behalf of respondent nos. 1(A) and 1(C). After withdrawal of amount, respondent no. 1(B) shall file the affidavit that, the shares of respondent no. 1(A) and 1(C) have disbursed to them.

4.

The amount be disbursed to respondent no. 1(B) on due identification and verification.

5.

Accordingly, the application is disposed of.

(URMILA JOSHI-PHALKE, J.) B.T.Khapekar