The Executive Engineer, Lower Wardha Project Division, Vidarbha Irrigation Development Corporation v. Gulabrao Pundlikrao Pawade Dead, Through Lrs. Kamal Wd/O Gulabrao Pawade And 5 Others
2024:BHC-NAG:13850 41.fa.823.15.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.3491 OF 2024 IN FIRST APPEAL NO.823 OF 2015 The Executive Engineer, Lower Wardha Project Division, Wardha .Vs. Gulabrao Pundlikrao Pawade 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 A.S. Athalye, Advocate for appellant.
Shri N.R. Saboo, Advocate for respondent Nos.2 to 4. CORAM : SANJAY A. DESHMUKH, J.
DATED : 17/12/2024 1.
This is an application for permission to withdraw the remaining amount on usual undertaking. 2.
The learned advocate for the respondents / claimants submitted that, some of the claimants are senior citizens they have need of money for medical expenses and family responsibilities.
3.
Heard learned advocates for both sides.
4.
Perused the application.
5.
The learned advocate for the respondents pointed out order dated 13.10.2015 in which direction was given to the registry to give Rs.50,00,000/- on usual undertaking and Rs.50,00,000/- on solvent surety/security. At the same time, the Court directed to withdraw Rs.50,00,000/- on furnishing solvent surety/security. The learned advocate for the respondents/claimants submitted
41.fa.823.15.odt that since last more than nine years they could not furnish solvent surety/security therefore, considering their financial crises of medical expenses, the claimants are permitted to withdraw remaining amount of Rs.50,00,000/- on usual undertaking.
6.
The learned advocate for the appellant strongly objected the application.
7.
Considering submissions of both sides and need of money, it would be proper to direct the Registry to pay Rs.50,00,000/- on usual undertaking to the claimants. 8.
The appeal is pending since nine years. Considering this aspect, hearing of the appeal is expedited. 9.
Application is allowed and disposed.
(SANJAY A. DESHMUKH, J.) C.L. Dhakate