Executive Engineer Purna Medium Project Division, Achalpur v. Purushottam S/O Dattuji Wankhade (Death) Thr. Lr'S Subhash Purushottamrao Wankhade And Others

(1) 14.fa.4521.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.4521 OF 2019 IN FIRST APPEAL NO.1060 OF 2016 Executive Engineer (V.I.D.C.) Purna Medium Project Division, Achalpur, Dist. Amravati Vs.

Purushottam s/o Dattuji Wankhade (Deceased), through his LRs. a) Subhash s/o Purushottam Wankhade 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 Arvind Joshi, Advocate for applicant. Shri R. J. Shinde, Advocate for respondent Nos.1(a) to 1(d). Ms. Shamsi Haider, AGP for respondent Nos.2 and 3. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 19/01/2023 1.

By this application respondent Nos.1a to 1d/ original claimants are seeking modification of order dated 20.8.2019 by which the respondents are permitted to withdraw 50% of balance amount on usual undertaking.

2.

In fact, vide order dated 16.03.2017, the respondents are already permitted to withdraw 60 % of amount and only 40% amount was remained to be withdrawn. Inadvertently, in order dated 20.08.2019, respondents are permitted to withdraw 50% instead of 40%. It is clerical mistake which can be corrected.

(2) 14.fa.4521.2019 3.

In view of the above reasons, application is allowed.

4.

The respondent Nos.1(a) to 1(d) are permitted to withdraw 40% of remaining amount as balance on usual undertaking. Amount be disbursed on due identification and verification.

5.

Civil Application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 11:21