Bombay High CourtCAW/2181/2017admittedallwdgrantedrule absolute

Shri. Shriram S/O Raoji Atram Thr. P.O.A. Holder, Shri Bharat S/O Baburao Sedam v. State Of Maharashtra Through Collector, Chandrapur And Another

2018-01-12Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

WP1026-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 1026/2017 (SHRIRAM RAOJI ATRAM, THR.POA BHARAT SEDAM VERSUS STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.N. Bhattad, counsel for the petitioners. Shri A.M. Joshi, A.G.P. for the R-1 & 3.

Shri Ranjeetsingh V. Gahilot, Advocate h/f Shri A.M. Ghare, counsel for the R-2. CORAM : SMT. VASANTI A NAIK AND A.D. UPADHYE, JJ.

DATE : JANUARY 12 , 2018.

C.A.W. NO.2180/2017 In view of the order dated 04.05.2017, the cheque was issued by the Western Coalfields Limited in the name of the petitioner, who was not alive when the cheque was issued. In view of the aforesaid, the prayer made in the application is granted and the Western Coalfields Limited is directed to issue the cheque in the name of the applicant no.1-Tulsabai Atram for receiving the compensation for an on behalf of herself and the other applicants.

The civil application stands disposed of accordingly. C.A.W. NO. 2181/2017.

By this civil application, the applicants seek condonation of delay in bringing the legal heirs of the deceased petitioner on record, for setting aside abatement, if any and for permission to substitute the names of the legal heirs of the deceased petitioner on record. For the reasons stated in the application, the delay in filing the substitution application is condoned and the abatement, if any, is set aside. The applicant nos.1 to 5 are permitted to substitute their names in place of the deceased petitioner on record. The amendment should be carried out forthwith.

WP1026-17 The civil application is disposed of.

JUDGE JUDGE APTE