Dattatray Prabhakarrao Duratkar v. The Chief Executive Officer Zilla Parishad Aurangabad And ORS

24 ca.10064.24 anr.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

24 CIVIL APPLICATION NO. 10064 OF 2024 IN FA/1274/2024 AKSHAT DATTATRAY DURATKAR AND OTHERS

VERSUS

DATTATRAY PRABHAKARRAO DURATKAR AND OTHERS ...

Advocate for Applicant : Mr. Shrimant Mundhe. Advocate for Respondent No.1 : Mr. Manish P. Tripathi. Advocate for Respondent Nos.2 to 4 : Mr. S. R. Dheple. ...

AND CIVIL APPLICATION NO. 5575 OF 2024 IN FA/1274/2024 ...

CORAM :

KISHORE C. SANT, J.

DATE :

27th November, 2024.

P.C.:

.

Heard the learned counsel for the parties.

CIVIL APPLICATION NO. 10064 OF 2024 This application is for direction to the respondent / Zilla Parishad to disburse the amount of service benefits of mother of applicant Nos.1 and 2, deceased Vidhya Dattatray Duratkar and for that purpose, to direct the Zilla Parishad to deposit the amount in this Court. The application is opposed by the learned counsel for the Zilla Parishad. However, considering that applicant Nos.1 and 2 are required the amount for their welfare ane education, the following order is passed:-

24 ca.10064.24 anr.odt

O R D E R

I.

The application is partly allowed.

II.

Respondent Nos.2 to 4 are directed to deposit the entire amount of service benefits in the office of this Court. III.

After the amount is deposited, applicant No.1 is permitted to withdraw 50% of the amount of his 1/3rd share alongwith accrued interest on furnishing usual undertaking.

IV.

The remaining amount and the amount of applicant No.2 be kept in fixed deposit in any nationalized bank to be renewed time to time till disposal of the appeal. V.

Applicant No.2, who is minor now, is at liberty to file an application for withdrawal of amount after attaining majority.

VI.

The appellant is also at liberty to file an application for withdrawal of amount after the amount is deposited to the extent of his share.

VII. The Zilla Parishad to deposit the amount within eight weeks from today.

VIII. With this, the civil application stands disposed of. [ KISHORE C. SANT, J. ] nga