V.I.D.C., Thr. Executive Engineer, Purna Medium Project, Achalpur (Amravati Irrigation Division) v. Ashok Champatrao Gawande (Dead) Thr. Lrs. Sunita Wd/O Ashok Gawande And Others

1 10fa836.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.3477 OF 2024 IN FIRST APPEAL NO.836 OF 2023 [VIDC .vs. Mr. Ashok Champatrao Gawande and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Vinay Dahat, Adv. h/f Mr. J.B. Kasat, Adv. for Appellant. Mr. Abhijeet Deshmukh, Advocate for Respondent Nos.1 to 3. Mr. M.A. Kadu, AGP for Respondent Nos.4 and 5. ..........

CORAM : SANJAY A. DESHMUKH, J.

DATE : 2 nd DECEMBER, 2024.

1.

This is an application for grant of permission to withdraw an amount of Rs.42,52,915/- deposited by the appellant in this court. 2.

Perused the application.

3.

Heard the learned advocates for both the sides. 4.

For the reasons stated in the application, the application deserves to be partly allowed.

5.

Claimants-Respondent Nos.1 to 3 are entitled for 75% amount.

6.

Registry is directed to pay 50% amount to the claimantsrespondent nos.1 to 3 on usual undertaking and 25% amount on execution of surety/security along with accrued interest thereon. The said amount be given to the respondent no.2-Amol Ashokrao Gawande as he is the power of attorney holder on behalf of the claimants.

7.

The application is allowed and disposed of.

(SANJAY A. DESHMUKH, J.) Gulande