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:10516 15..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.1149 OF 2024 IN CIVIL APPLICATION (CAF) NO.2219 OF 2024 IN FIRST APPEAL NO.146 OF 2024 The Executive Engineer, Upper Painganga Project Division, Yavatmal .Vs. Kisan Maroti Yerawar (Dead) through LRs. and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri M.R. Joharapurkar, Advocate for appellant. Shri A.R. Patil, Advocate for respondent Nos.1 to 10. Shri M.A. Kadu, A.G.P. for respondent Nos.11 and 12/State. CORAM : SANJAY A. DESHMUKH, J.

DATED : 19/09/2024 1.

This is an application for modification of order dated 19.08.2024 passed by this Court.

2.

Heard learned advocates for both sides.

3.

Perused the application.

4.

Considering reasons stated in the application, the order dated 19.08.2024 deserves to be corrected as under:

5.

Respondents/claimant No.1 is entitled to withdraw 50% amount on usual undertaking and 25% amount on solvent surety.

6.

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

7.

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

C.L. Dhakate

15..odt 8.

The application is allowed as prayed for.

FIRST APPEAL NO.146 OF 2024 9.

Stand over after four weeks.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate