V.I.D.C. Thr. Exe. Engineer, Purna Medium Project, Achalpur And Another v. Rajesh Gulabrao Kurhekar And Others

1 11fa07.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.3471 OF 2024 IN FIRST APPEAL NO.07 OF 2024 [VIDC and one .vs. Rajesh Gulabrao Kurhekar and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. Anjali A. Joshi, Advocate for Appellants. Mr. Pawan Surshe, Adv. h/f Mr. R.J. Shinde, Adv. for R-1 to 3. Ms. H.S. Dhande, AGP for Respondent Nos.4 and 5. .........

CORAM : SANJAY A. DESHMUKH, J.

DATE : 2 nd DECEMBER, 2024.

1.

This is an application filed by the applicants/respondent nos.1 to 3 for withdrawal of amount of Rs.5,60,053/- deposited by the appellants. 2.

Perused the application.

3.

Heard the learned advocates for both the sides. 4.

Considering the reasons stated in the application, the application deserves to be partly allowed as under. 5.

Registry is directed to pay 50% amount to the claimants on execution of usual undertaking and 25% amount on execution of solvent surety. Registry is further directed to pay that amount of compensation to respondent no.1 - Rajesh Gulabrao Kurhekar, as per the power of attorney executed in his favour by other two claimants.

6.

The application is allowed and disposed.

(SANJAY A. DESHMUKH, J.) Gulande