Maharashtra Industrial Development Corporation. v. Sitaram S/O. Dinaji Thamke.

2024:BHC-NAG:10519 3.caf.2540.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2540 OF 2024 IN FIRST APPEAL NO.114 OF 2006 MIDC, through CEO, Amravati .Vs. Sitaram S/o Dinaji Thamke (Dead) through LRs.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Najib B. Shaikh, Adv. h/f Shri M.M. Agnihotri, Adv. for appellant. Ms Mukta Kavimandan, A.G.P. for respondents/State. Shri S.V. Ingole, Advocate for respondent No.1(i) to 1 (iii)/claimants. CORAM : SANJAY A. DESHMUKH, J.

DATED : 19/09/2024 1.

This is an application for withdrawal of amount deposited as per the award.

2.

First Appeal No.114 of 2006 is decided on merit and disposed of by the judgment and order of this Court dated 04.05.2017. The legal representatives of respondent Nos.1(i) to 1(iii)/claimants i.e. only three legal representatives have filed this application for withdrawal of their 1/6th share in total amount of award. The application deserves to be allowed in the interest of justice. 3.

Registry is directed to pay the 1/6th share to the respondent No.1(i) to 1(iii)/claimants, along with accrued interest thereon.

4.

It is also clarified that, the legal representatives of the claimant Bhaghirathibai@ Bhagyaratha one and same person.

C.L. Dhakate

3.caf.2540.24.odt 5.

The application is allowed as per prayer clause. 6.

Application is disposed of.

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