V.I.D.C., Thr. Executive Engineer, Purna Medium Project, Achalpur (Amravati Irrigation Division) v. Jyoti Wd/O Prabhakar Nayase And Others

1 24caf3688.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.3688 OF 2024 IN FIRST APPEAL NO.855 OF 2023 [VIDC .vs. Jyoti Prabhakar Nayase 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. J.B. Kasat, Advocate for Appellant.

Mr. Paras Rathi, Advocate for Respondent No.1. Mr. S.S. Hulke, AGP for Respondent Nos.2 and 3. ..........

CORAM : SANJAY A. DESHMUKH, J.

DATE : 14 th DECEMBER, 2024.

1.

This is an application filed by respondent nos.1A to 1D for grant of permission to withdrawn an amount of Rs.37,48,490/- along with accrued interest thereon deposited by the appellant under award of the Reference Court.

2.

Perused the application.

3.

Heard the learned advocate for both sides.

4.

Learned advocate for the respondents pointed out that original claimant Jyoti is no more. Her legal representatives are on record. 5.

Considering the prayer, the application deserves to be partly allowed as under :

Registry is directed to pay 50% amount to the claimants on usual undertaking and 25% amount on execution of solvent surety/security along with interest accrued thereon.

6.

Learned advocate further pointed out that power of attorney executed by other three legal representatives of Jyoti in the name of Prabhakar Bhagwansa Nayase.

7.

Registry is directed to pay that amount accordingly to Prabhakar Bhagwansa Nayse.

8.

The application is disposed of.

(SANJAY A. DESHMUKH, J.) Gulande