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Bombay High CourtCAF/3759/2023ca disposed off

V.I.D.C. Thr. Chief Executive Engineer, Bembla Project Canal Division, Yavatmal v. Sau. Vanita Ashok Dharmadhikari And Others

2023-12-19Hon'Ble Shri Justice Anil S. Kilor2 pages

15.fa.379 n.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.3759 OF 2023 IN FIRST APPEAL NO.379 OF 2021 V.I.D.C. through Chief Executive Engineer, Bembla Project Canal Division, Yavatmal .Vs. Sau. Vanita Ashok Dharmadhikari (Dead) through LRs and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri H.D. Marathe, Advocate for applicants/appellants. Shri D.M. Kale, Advocate for respondent Nos.1, 2(b) & 3(a). Shri S.V. Narale, A.G.P. for respondent Nos.4 and 5/State. CORAM : ANIL S. KILOR, J.

DATED : 19/12/2023 1.

The learned counsel for the applicants submits that after the order dated 06.05.2022 was passed by this Court, permitting the respondents to withdraw the amount, the respondent No.1 has expired and vide order dated 15.12.2023 his legal heirs were brought on record. It is submitted that now the amount is urgently required for the purpose of education of daughter of respondent No.2(b). It is further submitted that if the application is not allowed as per the date given by the Registry, the respondents would not get the amount before March, 2024.

2.

It is submitted that considering the urgency and the purpose for which the amount is required, this Court may direct the Registry to release the amount out of turn.

C.L. Dhakate

15.fa.379 n.odt 3.

The Registrar (Judicial) is directed to look into the matter and take appropriate decision as regards the disbursement of the amount out of turn considering the reasons cited by the applicant.

4.

Registry to place this matter before the Registrar (Judicial) on 22.12.2023.

5.

The learned counsel for the applicants may appear before the Registrar (Judicial) to point out the urgency in the matter. Accordingly, the application is disposed of.

CIVIL APPLICATION (CAF) NO.1323 OF 2021 6.

Stay granted by this Court on 09.07.2021 is confirmed.

Civil application is disposed of accordingly. JUDGE C.L. Dhakate