Executive Engineer, Madhyam Prakalpa Vibhag, Yavatmal v. Rajusingh Dayaram Pawar And Others

2024:BHC-NAG:12223 19..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.3168 OF 2024 IN FIRST APPEAL NO.280 OF 2024 Executive Engineer, Yavatmal .Vs. Rajusingh S/o Dayaram Pawar 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 Ishan Khisti, Advocate for appellant.

Ms M.R. Kavimandan, A.G.P. for respondents/State. Shri S.V. Ingole, Advocate for respondent No.1. CORAM : SANJAY A. DESHMUKH, J.

DATED : 25/10/2024 1.

This is an application for permission to withdraw the entire amount deposited in this Court. Total amount of consideration is of Rs.05,86,235/-. 2.

Heard learned advocates for both sides.

3.

Perused the application.

4.

The learned advocate for the appellant submits that, the claimant No.1-Rajusingh Dayaram Pawar is entitled to 1⁄2 share out of the entire amount. 5.

The learned advocate for the respondents strongly objected the application. He submits that only 50% amount may be allowed to be withdrawn.

6.

Considering peculiar set of facts, it would be proper to allow 75% amount to the claimant No.1Rajusingh Dayaram Pawar furnishing on usual undertaking. 7.

Application is partly allowed and disposed.

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