Executive Engineer,Lowr Pus Project, Pusad v. Vitthalrao Govindrao Deshmukh And Others

13 FA-1361-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FIRST APPEAL NO.1361 OF 2017 [Executive Engineer, Lower Pus Project, Pusad ..Vrs.. Vitthalrao Govindrao Deshmukh and Ors.] _______________________________________________________________________________________ Ofce Notes, Ofce Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri. M. A. Kadu, Advocate for the Appellant/Applicant Shri. U. J. Deshpande, Advocate for the Respondent Nos.1 and 2 Ms. H. N. Jaipurkar, AGP for the Respondent Nos.3 and 4. CORAM :

NITIN W. SAMBRE, J.

DATE :

8 th SEPTEMBER, 2021.

1.

In response to the Court's query, the Counsel for the Appellant informs that the subject matter of the present appeal is covered by the judgments of this Court in First Appeal No.130 of 2010 with other connected appeals decided on 14.10.2011 and First Appeal No.1016 of 2010 with other connected appeals decided on 06.05.2011. Above contention is not disputed by the learned Counsel for Respondents. 2.

In view of above, present Appeal also stands dismissed, in terms of above referred two judgments. CIVIL APPLICATION (F) NO.1334 OF 2021.

3.

In view of dismissal of appeal, present application is allowed. The Respondents/Claimants are permitted to withdraw the entire amount of compensation with accrued interest thereon.

4.

Liberty to move the Registrar (Judicial) for expeditious withdrawal of the compensation, in view of the medical exigency as cited.

(NITIN W. SAMBRE, J.) TAMBE