V.I.D.C. Thr. Exe. Engineer, Bembla Project, Yavatmal v. Pyaresaheb Sheikh Chotekha And Others

2025:BHC-NAG:3927 8.fa.595.22 corrected order.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.3194 OF 2024 IN FIRST APPEAL NO.595 OF 2022 VIDC, Yavatmal .Vs. Pyaresahab Chhotesahab Sheikh and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms Gargi Bhai, Adv. h/f Ms A.S. Athalye, Adv. for appellant. Ms M.R. Kavimandan, A.G.P. for respondents/State. Shri A.B. Nakshane, Advocate for respondent Nos.1 and 2. CORAM : SANJAY A. DESHMUKH, J.

DATED : 25/10/2024 1.

This is an application for withdrawal of amount of Rs.50,97,346/- along with accrued interest thereon, deposited as per the award of the Reference Court. 2.

Heard learned advocates for both sides.

3.

Perused the application.

4.

The learned advocate for the claimants submits that only principal amount is deposited and yet the interest is to be deposited. He therefore prayed to withdraw the entire amount. The learned advocate for the appellant submits that only 50% amount may be allowed to pay to the claimants.

5.

It shows that only principal amount is Correction carried out as per Court's order dated 07.04.2025 deposited. Considering peculiar set of facts, it would be proper to direct the Reference Court at Yavatmal to pay

8.fa.595.22 corrected order.odt 75% amount out of Rs.50,97,346/- to the claimants along with accrued interest thereon on usual undertaking. 6.

The amount be paid to the respondent No.1 who is power of attorney holder for respondent No.2. 7.

Application is allowed and disposed.

Sd/- (SANJAY A. DESHMUKH, J.) Correction is carried out as per Court's order dated 07.04.2025. (M.W. CHANDWANI, J.) C.L. Dhakate