Maha. State Power Generation Co. Ltd., Thr. Exe. Engineer (C), Civil Const. Unit, Paras, Akola v. Bhaurao S/O Ramrao Hiwarale And Others

2024:BHC-NAG:11176 1 5-CAF-2765-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2765 OF 2024 IN FIRST APPEAL NO. 353 OF 2023 MAHARASHTRA STATE POWER GENERATION CO. LTD.

Vrs.

BHAURAO RAMRAO HIWARALE 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 N. G. Mohrir, Advocate for appellant.

Shri Raunak Kurani, Advocate h/f Shri A. B. Patil, Advocate for respondent Nos.1 to 10.

Ms.Mukta Kavimandan, AGP for respondent-State. CORAM: SANJAY A. DESHMUKH, J.

DATE : 07/10/2024.

1.

This is an application for permission to withdraw the amount deposited by the appellant. 2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

The amount of Rs.1,30,64,958/- is deposited by the appellant as per the award of the Reference Court. 5.

Considering the peculiar set of facts, it would be proper to allow respondent Nos.1 to 10 - Claimants to withdraw 75% amount along with accrued interest. 6.

Registry is directed to pay 75% amount to the respondent No.1 to 10 - Claimants along with interest accrued thereon.

2 5-CAF-2765-24.odt 7.

Registry is directed to pay 50% amount on usual undertaking and 25% amount on execution of solvent surety to respondent Nos.1 to 10 - Claimants. 8.

The application is partly allowed and disposed of.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 08/10/2024 11:27:32