Maha. State Power Generation Co. Ltd., Thr. Its Executive Engineer, Paras, Balapur, Akola v. Shantilal Baglal Shah (Dead) Thr. Lrs. Gajendra S/O Shantilal Shah And Others

46-fa-184-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAF) No. 3810 of 2023 in First Appeal No. 184 of 2023 Maharashtra State Power Generation Company Limited, through its Executive Engineer, Paras Tehsil, Balapur, Dist. Akola

Versus

Shantilal Baglal Shah (Dead) through legal representatives 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 G.E.Moharir, Advocate for the applicant. Shri R.D.Bhuibhar, Advocate for the respondent nos. 1(a) to (c) and 2.

Shri Ganesh Umale, AGP for the respondent no.3/State. CORAM : ANIL S. KILOR, J.

DATED : 22nd DECEMBER, 2023.

This Court vide order dated 4th September, 2023 permitted the respondent no.1(a) to 1(c) and respondent no.2 to withdraw the amount subject to furnishing usual undertaking to the extent of 60% amount and for remaining amount i.e. 40% solvent surety was directed to be furnished.

2.

Learned counsel for the applicants submits that considering the quantum of amount nobody is SKNair

46-fa-184-23.odt coming forward as surety. He submits that the applicant owned agricultural land worth value of more than crorer and therefore, the applicants are ready to furnish security to the extent of 40% of amount.

3.

Thus, considering the reasons stated in the application and as the other side has no objection for such modification, the order dated dated 4th September, 2023 is modified to the extent of 40% amount in above terms.

4.

Furthermore modification of the order dated 4th September, 2023, the applicants are seeking to allow the respondent no.1(b) who is power of attorney holder for respondent nos.1(a), 1(c) and 2. The said modification is permitted subject to verification of power of attorney by the Registry.

5.

The modification to the above effect be carried out in the order dated 4th September, 2023 and same may be uploaded afresh.

6.

Civil application is disposed of.

[ANIL S. KILOR, J.] SKNair