Bombay High CourtCAF/3831/2018ca disposed off

The Executive Engineer, Bembla Project Division, Yavatmal v. Deepak Panjabrao Thakre (Absconded) Mayabai Deepak Thakare And Others

2018-12-20Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

1 9fa372.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 3831/2018 IN FIRST APPEAL NO. 372/2017 The Executive Engineer, Bembla Project Division, Yavatmal. V/s Deepak Punjabrao Thake and others.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.A. Kadu, counsel for the applicant/appellant. Shri Chaudhari, counsel for the respondent Nos. 1 to 4. Shri H.R.Dhumale, AGP for the respondent Nos. 5 and 6. CORAM : M.G. GIRATKAR, J DATE : 20.12.2018.

Head Shri Chaudhari, learned counsel for the respondent Nos. 1 to 4.

As per the order dated 26.7.2017, claimants / respondent Nos.1 to 4 were allowed to withdraw 75% amount of compensation. Shri M.A. Kadu, learned counsel for the appellant has strongly objected the withdrawal of amount. Learned counsel Shri Chaudhari has submitted that one of the claimant namely Deepak Punjabrao Thakare (respondent No.1) was absconding and his legal heirs are brought on record by order dated 21.11.2018. As per the order dated 26.7.2017, respondent Nos. 1 (Legal heirs of Respondent

2 9fa372.17 No.1) 2, 3 and 4 are allowed to withdraw 75% of the amount of compensation deposited in this Court on their furnishing usual undertaking and balance amount on their furnishing solvent surety to the satisfaction of the learned Registrar within four weeks from the date of this order. They are allowed to withdraw the amount as stated above alongwith accrued interest thereon.

JUDGE rkn