Bombay High CourtCAW/2182/2017dispossed offdismiss for default

Shri. Akshay S/O Dharma Madavi, Thr. P.O.A. Holder, Purshottam S/O Wasudeo Kulmathe And Others v. State Of Maharashtra, Through Collector, Chandrapur And Another

2018-01-12Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice Arun Digambarrao Upadhye1 pages

WP1652-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (W) NO.2182/2017 IN WRIT PETITION NO. 1652/2017 (AKSHAY DHARMA MADAVI & OTHERS 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.

Since by our order dated 04.05.2017 we had directed the Western Coalfields Limited to make the payment to the petitioners, two cheques are issued by the Western Coalfields Limited for nine applicants.

The learned counsel for the applicants states that the bank has asked the applicants to open a joint account with a view to deposit the said cheques, which is causing inconvenience to the applicants. It is submitted that in the interest of justice, a direction may be issued to the Western Coalfields Limited to re-issue cheques for the amounts of Rs.5,49,393/- and Rs.2,31,717/- in the name of applicant no.3-Smt.Jamunabai Kulmathe, who is the wife of the deceased land holder for and on behalf of all the applicants. Since the request made by the applicants is just and proper and since the same is not opposed by the Western Coalfields Limited, we dispose of the application with a direction to the Western Coalfields Limited to issue two cheques in the aforesaid amount in the name of applicant no.3-Smt. Jamunabai Kulmathe within two weeks. JUDGE JUDGE APTE